Smriko v. Ashcroft’s Empirical Analysis
387 F.3d 279 · 2004
Citation profile
52 federal appellate · 2 district · 1 state decisions
How this case has been cited
Cited by 127 later decisions — most recently February 2021 · most notably Li v. Attorney General of the United States (2005), Borges v. Gonzales (2005)
52 federal appellate · 2 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 5 U.S.C. § 701 · 5 U.S.C. § 702 · 5 U.S.C. § 703 · 5 U.S.C. § 704 · 5 U.S.C. § 706 · 8 U.S.C. § 1101 (§ 101 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1157 (§ 207 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1159 (§ 209 of the Immigration and Nationality Act of 1952 (McCarran-Walter))
Relies on Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc. · Immigration & Naturalization Service v. Cardoza-Fonseca · Heckler v. Chaney · Immigration & Naturalization Service v. Doherty · Immigration and Naturalization Service, v. Juan Anibal Aguirre-Aguirre
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 127 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“are not so substantial that the case warrants the issuance of a written opinion.”
6 later decisions quote this exact passage · from the majority“[UJnder Chevron, we must first determine if the statute is silent or ambiguous with respect to the specific issue of law in the case, using traditional tools of statutory construction to determine whether Congress had an intention on the precise question at issue. If congressional intent is clear, the inquiry ends, as both the agency and the court must give effect to the plain language of the statute. Where, however, a statute is silent or ambiguous with respect to the specific issue, the court proceeds to step two, where it inquires whether the agency’s answer is based on a permissible construction of the statute.”
2 later decisions quote this exact passage · from the majority“[I]t would seem to be, at the very least, an open question as to whether an IJ's decision affirmed through the streamlining process would be entitled to Chevron deference ... [D]eferring to the reasoning of an IJ from which the BIA would be free to depart in other cases would seem highly problematic.”
2 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.