Desta v. Ashcroft’s Empirical Analysis
365 F.3d 741 · 2004
Citation profile
42 federal appellate ·
Relationships
Applies 8 U.S.C. § 1101 (§ 101 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1229C (§ 240b of the Immigration and Nationality Act of 1952 (McCarran-Walter))
Relies on Janet Reno, Attorney General v. American-Arab Anti-Discrimination Committee et al. · Iturribarria v. Immigration & Naturalization Service · LOZADA · Miller Superintendent Pendleton Correctional Facility v. French
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 962 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“... the same substantive standards govern motions to stay removal and motions to stay voluntary departure. Thus, if the standard to stay removal is satisfied, the standard to stay voluntary departure is necessarily satisfied. Moreover, El Himri established that the same procedures used for motions to stay removal are also used for motions stay voluntary departure. A motion to stay voluntary departure is thus in many ways “ancillary” to a motion to stay removal, and it is reasonable to construe a motion to stay removal to include a request to stay voluntary departure.”
2 later decisions quote this exact passage · from the concurrence“Authority to extend the time within which to depart voluntarily specified initially by an immigration judge or the Board is only within the jurisdiction of the district director, the Deputy Executive Associate Commissioner for Detention and Removal, or the Director of the Office of Juvenile Affairs.”
1 later decision quote this exact passage · from the concurrencee.g. Barroso v. Gonzales“By definition, aliens seeking asylum contend that they are subject to persecution when they return to their own countries, where they risk further harm, potentially including imprisonment or even death.”
1 later decision quote this exact passage · from the concurrence
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.