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← 397 F.2d 211 - Haller v. Esperdy

Haller v. Esperdy’s Empirical Analysis

397 F.2d 211 · 1968

Citation profile

28
cited by 28 later decisions
2
states following
May 1994
most recently cited

20 federal appellate · 1 district · 2 state decisions

How this case has been cited

Cited by 28 later decisions — most recently May 1994 · most notably Rashtabadi v. Immigration & Naturalization Service (1994), United States v. Stavroulakis (1992)

20 federal appellate · 1 district · 2 state decisions

1101968197019801990decided

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

Relies on Fong Haw Tan v. Phelan · Costello v. Immigration & Naturalization Service · United States ex rel. Santarelli v. Hughes · Wallach v. Lieberman · Sawkow v. Immigration & 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “The purposes of the statute have been achieved in part here because (as in this case) the recommendation was timely made by the most knowledgeable party. The sentencing court did not get the benefit of the views of the Service, but presumably that can still be achieved. Moreover, doing so after the recommendation would not be a complete break with Service practice; we were advised at oral argument that had the Service actually been notified within the thirty-day period after sentence, exactly that after-the-event procedure would have been followed. We think that following that course now on these facts is not inconsistent with congressional intent. In fact, it is clear that the qualifying provisions of section 1251(b) are an important part of the legislative scheme expressed in section 1251(a)(4), and we should be wary of narrowing the scope of the former.”
    1 later decision quote this exact passage · from the majority
  2. “while section 1251(b) speaks in terms of the sentencing court's making a `recommendation,' it is a recommendation that is binding on the Attorney General, for the section has consistently been interpreted as giving the sentencing judge conclusive authority to decide whether a particular conviction should be disregarded as a basis for deportation.”
    1 later decision quote this exact passage · from the majority

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.