Asika v. Ashcroft’s Empirical Analysis

Citation profile

26 federal appellate · 1 district ·

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 111 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “If, at any time within five years after the status of a person has been otherwise adjusted ... to that of an alien lawfully admitted for permanent residence, it shall appear to the satisfaction of the Attorney General that the person was not in fact eligible for such adjustment of status, the Attorney General shall rescind the action taken granting an adjustment of status to such person and cancelling removal in the- case of such person if that occurred and the person shall thereupon be subject to all provisions of this chapter to the same extent as if the adjustment of status had not been made. Nothing in this subsection shall require the Attorney General to rescind the alien’s status prior to commencement of procedures to remove the alien under section 1229a of this title, and an order of removal issued by an immigration judge shall be sufficient to rescind the alien’s status.”

   2 later decisions quote this exact passage · from the majority
   e.g. Sungwook Kim v. Holder · 663 F. Supp. 2d 528 - Agarwal v. Napolitano

2. “Under the Act, rescission proceedings are, subject to few, if any, procedural protections, see 8 U.S.C. § 1256 ; deportation proceedings, in contrast, are subject to extensive procedural regulations set forth in 8 U.S.C. § 1229a. In light of this difference in the two procedures, section 246(a)’s five-year limitation on rescission — even if interpreted to apply only to rescission proceedings — provides an important safeguard to aliens like Asika, who have been in the country for more than five years after their status has been erroneously adjusted, by forcing the Attorney General to establish their deportability through the more rigorous procedures of removal, see 8 U.S.C. § 1229a, rather than the less procedurally-onerous process of rescission.”

   1 later decision quote this exact passage · from the majority
   e.g. Stolaj v. Holder

3. “The removal of an alien — even one that is in the United States due to a mistake by the INS — is a serious and disruptive event in that individual’s life; the difficulties that such an action cause for the alien are likely to be increasingly severe the longer he has remained in the country. In view of these difficulties, ... it is entirely reasonable for the Attorney General to interpret the statute to have limited his ability to utilize the less formal rescission process to the five-year period after an alien has received an adjustment, but not to have placed such a limitation on his ability to effect removal proceedings.”

   1 later decision quote this exact passage · from the majority
   e.g. Adams v. Holder