Reyes v. Ashcroft’s Empirical Analysis
358 F.3d 592 · 2003
Citation profile
13 federal appellate ·
Relationships
Applies 8 U.S.C. § 1227 (§ 237 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1229A (§ 240 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 Immigration & Naturalization Service v. Lopez-Mendoza · Shobna Chandar Lata v. Immigration and Naturalization Service · Iturribarria v. Immigration & Naturalization Service · LOZADA · Rodriguez-Lariz v. Immigration & Naturalization Service
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 188 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The role of an attorney in the deportation process is especially important. For the alien unfamiliar with the laws of our country, an attorney serves a special role in helping the alien through a complex and completely foreign process. It is therefore reasonable for an alien to trust and rely upon an attorney’s advice to such an extent that if an alien fails to show up to a hearing because of an attorney, we can say that this is an exceptional circumstance “beyond the control of the alien.” 8 U.S.C. § 1229a(e)(1). Moreover, courts and agencies have a degree of institutional control over attorneys that they do not have over freelance “immigration consultants.””
1 later decision quote this exact passagee.g. Lucena v. Gonzales“(1) submit an affidavit setting forth in detail the agreement entered into with counsel regarding the alien’s representation; (2) present evidence that counsel was informed of the allegations of ineffective assistance and given an opportunity to respond; and (3) either show that a complaint against counsel was filed with the proper disciplinary authorities or explain why no such complaint was filed.”
1 later decision quote this exact passage“The potential for abuse is apparent where no mechanism exists for allowing former counsel, whose integrity or competence is being impugned, to present his version of events if he so chooses, thereby discouraging baseless allegations.”
1 later decision quote this exact passagee.g. Asaba v. Ashcroft
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.