Moran v. Ashcroft’s Empirical Analysis
395 F.3d 1089 · 2005
Citation profile
11 federal appellate ·
How this case has been cited
Cited by 91 later decisions — most recently February 2023 · most notably Ochoa v. Gonzales (2005), Altamirano v. Gonzales (2005)
11 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. § 1101 (§ 101 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1182 (§ 212 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)) · 8 U.S.C. § 1255A (§ 245a of the Immigration and Nationality Act of 1952 (McCarran-Walter))
Relies on Barron v. Ashcroft · Romero-Torres v. Ashcroft · Hector Montero-Martinez v. John Ashcroft Attorney General of the United States · Azanor 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 91 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The Attorney General may, in his discretion for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest, waive application of clause (i) of subsection (a)(6)(E) ... in the case of any alien lawfully admitted for permanent residence who temporarily proceeded abroad voluntarily and not under an order of removal, and who is otherwise admissible to the United States as a returning resident under section 1181(b) of this title ... and in the case of an alien seeking admission or adjustment of status as an immediate relative or immigrant under section 1153(a) of this title ... (other than paragraph (4) thereof), if the alien has encouraged, induced, assisted, abetted, or aided only an individual who at the time of such action was the alien’s spouse, parent, son, or daughter (and no other individual) to enter the United States in violation of law.”
2 later decisions quote this exact passage · from the majority“The Attorney General may cancel removal of, and adjust to the status of an alien lawfully admitted for permanent residence, an alien who is inadmissible or deportable from the United States if the alien— (A) has been physically present in the United States for a continuous period of not less than 10 years immediately preceding the date of such application; (B) has been a person of good moral character during such period; (C) has not been convicted of an offense under section 1182(a)(2), 1227(a)(2), or 1227(a)(3) of this title, subject to paragraph (5); and (D) establishes that removal would result in exceptional and extremely unusual hardship to the alien’s spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence.”
1 later decision quote this exact passage · from the majoritye.g. Sanchez v. Mukasey“The alien ... does not fail the good moral character requirement for cancellation of removal where the Attorney General exercises discretion to waive the applicability of [the alien-smuggling provision]. Such discretion may be exercised “for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest,” to waive the applicability of the alien-smuggling provision to the good moral character determination of an applicant for cancellation of removal who “has encouraged, induced, assisted, abetted, or aided only an individual who at the time of such action was the alien’s spouse, parent, son, or daughter (and no other individual) to enter the United States in violation of law.””
1 later decision quote this exact passage · from the majoritye.g. Sanchez v. Holder
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.