Tokatly v. Ashcroft’s Empirical Analysis
371 F.3d 613 · 2004
Citation profile
89 federal appellate ·
How this case has been cited
Cited by 147 later decisions — most recently October 2023 · most notably Marmolejo-Campos v. Holder (2009), Kaplun v. Attorney General of the United States (2010)
89 federal appellate ·
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. § 1227 (§ 237 of the Immigration and Nationality Act of 1952 (McCarran-Walter))
Relies on Taylor v. United States · Falcon Carriche v. Ashcroft · Rojas-Garcia v. Ashcroft · United States of America v. Javier Rivera-Sanchez Jose Sanchez · United States v. Pallares-Galan
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 147 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“look beyond the language of the statute to a narrow, specified set of documents that are part of the record of conviction, including the indictment, the judgment of conviction, jury instructions, a signed guilty plea, or the transcript from the plea proceedings.”
7 later decisions quote this exact passage · from the majority“Like all of the other removal provisions we have analyzed in accordance with the categorical and modified categorical approach, the plain language of the “crime of domestic violence” provision clearly bases deportability on the nature of the alien’s conviction, rather than on the alien’s actual conduct. We are required to determine whether To-katly has been “convicted of a crime of domestic violence” — not whether he in fact committed such a crime.... To adopt the government’s approach would require us to look to “conduct” rather than “conviction.” ... [W]hen Congress wants to make conduct the basis for removal it does so specifically.”
4 later decisions quote this exact passage · from the majority“If the record of conviction does not establish that the offense the petitioner committed qualifies as an aggravated felony, the government has not met its burden of proving that the defendant committed an aggravated felony.”
4 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.