Chery v. Ashcroft’s Empirical Analysis
347 F.3d 404 · 2003
Citation profile
20 federal appellate · 2 district · 2 state decisions
How this case has been cited
Cited by 43 later decisions (1 by the Supreme Court) — most recently March 2024 · most notably Vargas-Sarmiento v. United States Department of Justice (2006), Valencia v. Gonzales (2006)
20 federal appellate · 2 district · 2 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 18 U.S.C. § 16 · 28 U.S.C. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996) · 8 U.S.C. § 1101 (§ 101 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1227 (§ 237 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1252 (§ 242 of the Immigration and Nationality Act of 1952 (McCarran-Walter))
Relies on Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc. · United States v. Parson · Jean Patrick Michel v. Immigration and Naturalization Service · United States v. Reyes-Castro · United States v. Velazquez-Overa
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 43 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“the statute inherently involves a substantial risk that physical force may be used in the course of committing the offense.”
4 later decisions quote this exact passage · from the majority“[i]t is immaterial that one may imagine various scenarios that violate a statute, yet the perpetrator's conduct does not create a genuine probability that force will be used. What matters is that the risk of force is inherent in the offense.”
3 later decisions quote this exact passage · from the majority“only the minimum criminal conduct necessary to sustain a conviction under a given statute is relevant.”
3 later decisions 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.