Ballesteros v. Ashcroft’s Empirical Analysis
452 F.3d 1153 · 2006
Citation profile
13 federal appellate · 1 district ·
How this case has been cited
Cited by 28 later decisions — most recently July 2021 · most notably Employers Mutual Casualty Co. v. Bartile Roofs, Inc. (2010), Torres de la Cruz v. Maurer (2007)
13 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 5 U.S.C. § 553 (Administrative Procedure Act of 1946) · 8 U.S.C. § 1231 (§ 241 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))
Relies on Morton v. Ruiz · Immigration & Naturalization Service v. Lopez-Mendoza · Deboris Calcano-Martinezs v. Immigration and Naturalization Service · Menowitz v. Brown · Hector Tito Lujan-Armendariz v. Immigration and Naturalization Service, Mauro Roldan-Santoyo v. Immigration and 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.
“[n]othing in [1252(a)(2)(B) or (C)], or in any other provision of this chapter (other than this section) which limits or eliminates judicial review, shall be construed as precluding review of constitutional claims or questions of law raised upon a petition for review.”
2 later decisions quote this exact passage · from the majority“to determine whether the jurisdictional bar applies. We may therefore decide whether the petitioner is (i) an alien (ii) deportable (iii) by reason of a criminal offense listed in the statute.”
1 later decision quote this exact passage · from the majority“No remedy for the alleged constitutional violations [including a claimed illegal arrest] would affect the BIA's final order of removal.”
1 later decision quote this exact passage · from the dissente.g. Abiodun v. Gonzales
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.