Khan v. Attorney General of the United States’s Empirical Analysis
448 F.3d 226 · 2006
Citation profile
32 federal appellate · 1 district ·
How this case has been cited
Cited by 137 later decisions — most recently May 2022 · most notably Lin v. Attorney General of the United States (2008), Fadiga v. Attorney General USA (2007)
32 federal appellate · 1 district ·
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
Applies 28 U.S.C. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996) · 8 U.S.C. § 1153 (§ 203 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1155 (§ 205 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1186A (§ 216 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1229A (§ 240 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. § 1255 (§ 245 of the Immigration and Nationality Act of 1952 (McCarran-Walter))
Relies on Immigration and Naturalization Service v. Enrico St Cyr · Dia v. Ashcroft · Abdulrahman v. Ashcroft · Vargas v. U.S. Department of Immigration & Naturalization · Yu Zhao v. Gonzales
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 137 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“One might mistakenly read § 1252(a) (2) (B) (ii) as stripping us of the authority to review any discretionary immigration decision. That reading, however, is incorrect, because § 1252(a)(2)(B)(ii) strips us only of jurisdiction to review discretionary authority specified in the statute. The statutory language is uncharacteristically pellucid on this score; it does not allude generally to “discretionary authority” or to “discretionary authority exercised under this statute,” but specifically to “authority for which is specified under this sub-chapter to be in the discretion of the Attorney General.””
2 later decisions quote this exact passage · from the majority“[N]o court shall have jurisdiction to review ... any other decision or action of the Attorney General or the Secretary of Homeland Security the authority for which is specified under this subchapter to be in the discretion of the Attorney General or the Secretary of Homeland Security.”
2 later decisions quote this exact passage · from the majority“is eligible to receive an immigrant visa and is admissible” and”
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.