Johl v. United States’s Empirical Analysis
370 F.2d 174 · 1966
Citation profile
10 federal appellate · 1 district · 1 state decisions
How this case has been cited
Cited by 20 later decisions — most recently April 2010
10 federal appellate · 1 district · 1 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 8 U.S.C. § 1325 (§ 275 of the Immigration and Nationality Act of 1952 (McCarran-Walter))
Relies on Lutwak v. United States · Dennis v. United States · Gebardi v. United States · United States v. Diogo · Rocha v. United States
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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Lutwak clearly means at least this much: The immigration law, in granting advantages to those who have married American citizens, is not talking about ceremony or legality — the taking of those steps which enable a couple lawfully to live together in a marital relationship. It is talking about the marital relationship itself— an actual joining together as husband and wife. Separation is wholly inconsistent with such a relationship. It is a departure from it and a severing of it, and may even, by agreement or court decree, constitute a status distinct from it. Here, and in Lutwak, the very ceremony was accompanied by an agreement of separation. While the parties could lawfully have done so, they never at any time joined together as husband and wife. Here, then, the Government’s concern with purpose did not relate to such troublesome questions as the normality of a marital relationship, but with the parties’ purpose in going through a ceremony where no such relationship was comtemplated or ever begun.””
1 later decision quote this exact passage · from the majority““The common understanding of a marriage, which Congress must have had in mind when it made provision for ‘alien spouses’ in the War Brides Act, is that the two parties have undertaken to establish a life together and assume certain duties and obligations. Such was not the case here, or so the jury might reasonably have found. Thus, when one of the aliens stated that he was married, and omitted to explain the true nature of his marital relationship, his statement did, and was intended to, carry with it implications of a state of facts which were not in fact true.” pp. 611-612, 73 S.Ct. p. 486.”
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.