Penuliar v. Ashcroft’s Empirical Analysis
395 F.3d 1037 · 2005
Citation profile
8 federal appellate ·
How this case has been cited
Cited by 25 later decisions (1 by the Supreme Court) — most recently March 2023 · most notably Gonzales v. Duenas-Alvarez (2007), Altamirano v. Gonzales (2005)
8 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 18 U.S.C. § 16 · 8 U.S.C. § 1101 (§ 101 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1227 (§ 237 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1229B (§ 240a 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 Taylor v. United States · Leocal v. Ashcroft · 35 Cal. 3d 547 - People v. Beeman · United States v. Corona-Sanchez · United States of America v. Rafael Baron-Medina
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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“willful or wanton disregard for the safety of persons or property includes, but is not limited to, driving while fleeing or attempting to elude a pursuing peace officer during which time either three or more violations that are assigned a traffic violation point count under Section 12810 occur, or damage to property occurs.”
1 later decision quote this exact passage · from the majoritye.g. Penuliar v. Gonzales“and the government did not appeal that decision to the BIA. Accordingly, that decision is not before us. The remaining charges, which are before us, were included in an amended notice to appear 3 For instance, a traffic violation point can be assessed where a driver owns and operates a car that is”
1 later decision quote this exact passage · from the majoritye.g. Penuliar v. Gonzales“). Penuliar, a lawful permanent resident, pled guilty to two counts of unlawful driving or taking of a vehicle in violation of California Vehicle Code § 10851(a), and one count of evading an officer in violation of California Vehicle Code § 2800.2(a). Classifying both convictions as”
1 later decision quote this exact passage · from the majoritye.g. Penuliar 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.