Carbonell’s Empirical Analysis
Citation profile
8 district · 1 state decisions
How this case has been cited
Cited by 40 later decisions — most recently August 2024 · most notably Pn Tn v. Seattle School District No, Newell v. Department of Mental Retardation (2006)
8 district · 1 state decisions
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 Hensley v. Eckerhart · Kokkonen v. Guardian Life Insurance Co. of America · Buckhannon Board and Care Home Incs v. West Virginia Department of Health and Human Resources · Texas State Teachers Ass'n v. Garland Independent School District · Hanrahan v. Hampton
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 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Carbonell satisfies the first prong of the prevailing party test, which requires a material alteration in the legal relationship between the parties, as a result of the parties' stipulation to a stay of departure. The case before the district court primarily concerned whether Carbonell was entitled to a stay of deportation until the BIA reconsidered the question whether his due process rights had been violated, thus requiring his case to be reopened. Before the district court issued its order which incorporated the stay of deportation, the INS had the authority to deport Carbonell immediately. Had the INS done so prior to the BIA's deciding his motion to reopen his case, the BIA would have dismissed his case and Carbonell would have had no further recourse. Under the stipulation, however, the government was required to refrain from deporting Carbonell for 45 days pending the BIA's decision on his motion to reopen. The stipulation for the stay of deportation thus `materially altered the legal relationship between the parties, because the defendants were required to do something directly benefitting the plaintiff[] that they otherwise would not have had to do.' .... ... In the instant case, it is irrelevant that Carbonell's underlying effective assistance claim was not resolved, and that he, therefore, remained under a final order of deportation. Under the stipulation for a stay, Carbonell received much of the relief he sought in the district court and thus met the first requir”
2 later decisions quote this exact passage · from the majority“), this court is in agreement with the vast majority of other circuits that have considered this issue since Buckhannon. 42 Id. at 899 (emphasis added). 43 In support of our conclusion we cited Pres. Coal. v. Fed. Transit Admin., 356 F.3d 444 , 452 (2d Cir.2004) (”
2 later decisions quote this exact passage · from the majority“create the material alteration of the legal relationship of the parties necessary to permit an award of attorney’s fees.” Id. at 604 , 121 S.Ct. 1835 . Applying Buckhannon to the facts of this case, it is clear that Plaintiff is the”
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.