Agosto v. Immigration & Naturalization Service’s Empirical Analysis
1978
Citation profile
111 federal appellate · 21 district · 1 state decisions
How this case has been cited
Cited by 412 later decisions (13 by the Supreme Court) — most recently July 2024 · most notably Northern Pipeline Construction Co. v. Marathon Pipe Line Co. (1982), Schlup v. Delo (1995)
111 federal appellate · 21 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.
Appellate journey
reviewedAli Jivani v. U. S. Immigration & Naturalization Service (from Ninth Circuit Court of Appeals)
Relationships
Applies 28 U.S.C. § 1915 · 5 U.S.C. § 702 · 8 U.S.C. § 1105A (§ 106 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1251 (§ 241 of the Immigration and Nationality Act of 1952 (McCarran-Walter))
Relies on Poller v. Columbia Broadcasting System, Inc. · Standard Oil Company of New Jersey v. United States · Lorillard v. Pons · United States Bilokumsky v. Tod · Ng Fung Ho v. White
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 412 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Treatment of nationality claims (A) Court determination if no issue of fact. If the petitioner claims to be a national of the United States and the court of appeals finds from the pleadings and affidavits that no genuine issue of material fact about the petitioner’s nationality is presented, the court shall decide the nationality claim. (B) Transfer if issue of fact. If the petitioner claims to be a national of the United States and the court of appeals finds that a genuine issue of material fact about the petitioner’s nationality is presented, the court shall transfer the proceeding to the district court of the United States for the judicial district in which the petitioner resides for a new hearing on the nationality claim and a decision on that claim as if an action had been brought in the district court under section 2201 of title 28, United States Code.”
2 later decisions quote this exact passage · from the majority“whenever any petitioner, who seeks review of an order under this section, claims to be a national of the United States and makes a showing that his claim is not frivolous, the court shall (A) pass upon the issues presented when it appears from the pleadings and affidavits filed by the parties that no genuine issue of material fact is presented; or (B) where a genuine issue of material fact as to the petitioner's nationality is presented, transfer the proceedings to a United States district court for the district where the petitioner has his residence for hearing de novo of the nationality claim and determination as if such proceedings were originally initiated in the district court under the provisions of section 2201 of title 28. Any such petitioner shall not be entitled to have such issue determined under section 1503(a) of this title or otherwise. ...”
2 later decisions quote this exact passage · from the dissent“in which the person subject to deportation claims to be a United States citizen.” Agosto v. INS, 436 U.S. 748 , 752-53, 98 S.Ct. 2081 , 56 L.Ed.2d 677 (1978). “In carving out this class of cases, Congress was aware of [the Supreme Court's] past decisions holding that the Constitution requires that there be some provision for de novo judicial determination of claims to American citizenship in deportation proceedings.” Id. at 753 , 98 S.Ct. 2081 ; see, e.g., Ng Fung Ho, 259 U.S. at 285 , 42 S.Ct. 492 . 3 . A person”
2 later decisions 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.