Gurung v. Ashcroft’s Empirical Analysis
371 F.3d 718 · 2004
Citation profile
16 federal appellate · 1 district ·
How this case has been cited
Cited by 48 later decisions — most recently August 2020 · most notably Infanzon v. Ashcroft (2004), Maghradze v. Gonzales (2006)
16 federal appellate · 1 district ·
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. § 1229 (§ 239 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)) · 8 U.S.C. § 1252B (§ 242b of the Immigration and Nationality Act of 1952 (McCarran-Walter))
Relies on Mullane v. Central Hanover Bank & Trust Co. · Immigration & Naturalization Service v. Doherty · Hang Kannha Yuk v. Ashcroft · Alexis Anin v. Janet Reno Attorney General of the United States Immigration and Naturalization Service · Salta 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 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Considerations on a motion to reopen differ from those relevant to the holding of an in absentia hearing. A motion to reopen focuses on whether the alien actually received notice, rather than on whether the INS sent sufficient notice to the proper address.”
1 later decision quote this exact passage · from the majoritye.g. Sabir v. Gonzales“[a] petitioner must present `substantial and probative evidence . . . demonstrating that there was improper delivery or that nondelivery was not due to the respondent's failure to provide an address where he could receive mail.'”
1 later decision quote this exact passage · from the majority“if the alien demonstrates that the alien did not receive notice”
1 later decision quote this exact passage · from the majoritye.g. Sabir v. Gonzales
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.