Faiz-Mohammad v. Ashcroft’s Empirical Analysis

Citation profile

17 federal appellate ·

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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The courts have looked to whether [INA § 241(a)(5), 8 U.S.C.] § 1231(a)(5) disturbs the petitioner’s substantive rights or expectations. When retroactive application has affected only the way in which a petitioner’s deportation is adjudicated, because, for instance, the petitioner failed to apply for discretionary relief prior to IIRIRA’s effective date, no “settled expectations” were disturbed, and, therefore no impermissible retroactive effect occurred. However, when retroactive application not only affected the way in which the petitioner’s deportation was adjudicated, but also affected the substantive relief that was available to the petitioner, [INA § 241(a)(5), 8 U.S.C.] § 1231(a)(5) could not be applied retroactively.”

   2 later decisions quote this exact passage · from the majority
   e.g. Rafal J. Labojewski v. Alberto R. Gonzales, 1 Attorney General of the United States, Faustino Chavez-Saldana v. Alberto R. Gonzales, Attorney General of the United States · Ixcot v. Holder

2. “Whether the particular petitioner did or did not subjectively rely upon the prior statute or scheme has nothing whatever to do with Congress’ intent ... It is one thing to indulge the supportable presumption that Congress intends its enactments not to operate retroactively; it is another altogether to indulge the quite different, and unsupported and unsupportable, presumption that Congress so intends, but only where the particular petitioning party can prove that he subjectively relied on the prior statute to his detriment. In other words, where Congress has apparently given no thought to the question of retroactivity whatever, there is no basis for inferring that Congress’ intent was any more nuanced than that statutes should not be held to apply retroactively. Anything more, in the face of complete congressional silence, is nothing but judicial legislation.”

   1 later decision quote this exact passage · from the majority
   e.g. Dinnall v. Gonzales

3. “If the Attorney General finds that an alien has reentered the United States illegally after having been removed ... the prior order of removal is reinstated from its original date and is not subject to being reopened or reviewed, the alien is not eligible and may not apply for any relief under this chapter, and the alien shall be removed under the prior order at any time after the reentry.”

   1 later decision quote this exact passage · from the majority
   e.g. Nunez-Moron v. Holder