Joshi v. Ashcroft’s Empirical Analysis
389 F.3d 732 · 2004
Citation profile
30 federal appellate ·
How this case has been cited
Cited by 69 later decisions — most recently July 2022 · most notably Gomez-Palacios v. Holder (2009), Maghradze v. Gonzales (2006)
30 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. § 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))
Relies on Stone v. Immigration & Naturalization Service · Kontrick v. Ryan · Dusenbery v. United States · Scarborough v. Principi · Oscar Socop-Gonzalez v. Immigration and 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 69 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[I]t isn’t true that the claim [of non-receipt] was not corroborated, or, what amounts to the same thing, was not supported by “objective” evidence. The fact that before the date of the hearing she sent two certified letters to the immigration service inquiring about the status of her proceeding is some “objective” evidence, some corroboration, that she hadn’t received notice of the hearing. It is inconclusive evidence, but as it was not even mentioned by the Board we cannot tell whether the Board thought it outweighed by the statistical likelihood that correctly addressed U.S. mail is delivered to the addressee, or simply overlooked it. A decision that resolves a critical factual question without mention of the principal evidence cannot be considered adequately reasoned.”
2 later decisions quote this exact passage · from the majority“shall be sufficient if there is proof of attempted delivery to the last address provided by the alien....”
2 later decisions quote this exact passage · from the majority“[I]n this case the issue is not notice but receipt, because the statute allows an alien ordered removed in an absentia proceeding to reopen the proceeding if he did not receive notice even if the notice that was sent, whether or not it was received, satisfied statutory and constitutional requirements.”
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.