Smart v. Ashcroft’s Empirical Analysis
401 F.3d 119 · 2005
Citation profile
7 federal appellate ·
Relationships
Applies 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. § 1252 (§ 242 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1431 (§ 320 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1432 (§ 321 of the Immigration and Nationality Act of 1952 (McCarran-Walter))
Relies on Heller v. Doe Ex Rel. Doe · Tuan Anh Nguyen Joseph Boulaiss v. Immigration and Naturalization Service · Gyno Domond v. United States Immigration and Naturalization Service · Drakes v. Ashcroft · Giusto 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“the real, everyday ties that provide a connection between child and citizen parent and, in turn, the United States.”
2 later decisions quote this exact passage · from the majority“There is no suggestion here that adopted children are a 'protected' class entitled to invoke heightened scrutiny.”
2 later decisions quote this exact passage“A child born outside of the United States of alien parents ... becomes a citizen of the United States upon fulfillment of the following conditions: (1) The naturalization of both parents; or (2) The naturalization of the surviving parent if one of the parents is deceased; or (3) The naturalization of the parent having legal custody of the child when there has been a legal separation of the parents or the naturalization of the mother if the child was born out of wedlock and the paternity of the child has not been established by legitimation; and if (4) Such naturalization takes place while such child is under the age of eighteen years; and (5) Such child is residing in the United States pursuant to a lawful admission for permanent residence at the time of the naturalization of the parent last naturalized under clause (1) of this subsection, or the parent naturalized under clause (2) or (3) of this subsection, or thereafter begins to reside permanently in the United States while under the age of eighteen years.”
1 later decision quote this exact passagee.g. Gil v. Sessions
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.