Rivera v. Ashcroft’s Empirical Analysis
394 F.3d 1129 · 2004
Citation profile
10 federal appellate · 4 district ·
How this case has been cited
Cited by 33 later decisions — most recently July 2023 · most notably Zehatye v. Gonzales (2006), Smolniakova v. Gonzales (2005)
10 federal appellate · 4 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 28 U.S.C. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996) · 8 U.S.C. § 1105A (§ 106 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. § 1503 (§ 360 of the Immigration and Nationality Act of 1952 (McCarran-Walter))
Relies on Immigration and Naturalization Service v. Enrico St Cyr · Trop v. Dulles · Ng Fung Ho v. White · United States v. Wong Kim Ark · Chun He Li v. Ashcroft
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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Both the decision issued by the IJ and her conduct of the hearing demonstrate that the IJ did not conduct herself as an impartial judge but rather as a prosecutor anxious to pick holes in the petitioner's story.”
2 later decisions quote this exact passage · from the majority“To deport one who so claims to be a citizen obviously deprives him of liberty.... It may result also in loss of both property and life, or of all that makes life worth living. Against the danger of such deprivation without the sanction afforded by judicial proceedings, the Fifth Amendment affords protection in its guarantee of due process of law.”
1 later decision quote this exact passage · from the dissente.g. Anderson v. Holder“must determine whether to excuse the faulty exhaustion and reach the merits, or require the petitioner to exhaust ... administrative remedies before proceeding in court.”
1 later decision quote this exact passage · from the concurrence
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.