340 F. Supp. 2d 384 - Kim v. Ashcroft’s Empirical Analysis
2004
Citation profile
1 federal appellate · 6 district ·
Relationships
Applies 28 U.S.C. § 1331 · 28 U.S.C. § 1361 · 28 U.S.C. § 2201 · 5 U.S.C. § 555 (Administrative Procedure Act of 1946) · 5 U.S.C. § 701 · 8 U.S.C. § 1151 (§ 201 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1255 (§ 245 of the Immigration and Nationality Act of 1952 (McCarran-Walter))
Relies on Conley v. Gibson · Hishon v. King & Spalding · Swierkiewicz v. Sorema N. A. · Bell v. Hood · Skelly Oil Co. v. Phillips Petroleum Co.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[Although there is no statutory or regulatory deadline by which the [Government] must adjudicate an application, at some point, [its] failure to take any action runs afoul of section 555(b). Were it otherwise, [the Government] could hold [visa] applications in abeyance for decades without providing any reasoned basis for doing so. Such an outcome defies logic — the [Government] simply does not possess unfettered discretion to relegate aliens to a state of “limbo,” leaving them to languish there indefinitely. This result is explicably foreclosed by the APA.”
2 later decisions quote this exact passage · from the majority“The status of an alien who was inspected and admitted or paroled into the United States ... may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if (1)' the alien makes an application for such adjustment, (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and (3) an immigrant visa is immediately available to him at the time his application is filed.”
1 later decision quote this exact passage · from the majority“The consideration of materials extrinsic to the pleadings does not convert the motion into one for summary judgment.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.