Conteh v. Gonzales’s Empirical Analysis
461 F.3d 45 · 2006
Citation profile
49 federal appellate · 2 district ·
How this case has been cited
Cited by 84 later decisions (3 by the Supreme Court) — most recently December 2021 · most notably Gonzales v. Duenas-Alvarez (2007), Nijhawan v. Holder (2009)
49 federal appellate · 2 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 18 U.S.C. § 1344 · 18 U.S.C. § 371 · 18 U.S.C. § 513 · 18 U.S.C. § 924 · 6 U.S.C. § 291 · 8 U.S.C. § 1101 (§ 101 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1151 (§ 201 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1182 (§ 212 of the Immigration and Nationality Act of 1952 (McCarran-Walter))
Relies on Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc. · Taylor v. United States · Immigration & Naturalization Service v. Cardoza-Fonseca · Shepard v. United States · United States v. Watts
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 84 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In any proceeding under this chapter, any of the following documents or records (or a certified copy of such an official document or record) shall constitute proof of a criminal conviction: (i) An official record of judgment and conviction. (ii) An official record of plea, verdict, and sentence. (iii) A docket entry from court records that indicates the existence of the conviction. (iv) Official minutes of a court proceeding or a transcript of a court hearing in which the court takes notice of the existence of the conviction. (v) An abstract of a record of conviction prepared by the court in which the conviction was entered, or by a State official associated with the State’s repository of criminal justice records, that indicates the charge or section of law violated, the disposition of the case, the existence and date of conviction, and the sentence. (vi) Any document or record prepared by, or under the direction of, the court in which the conviction was entered that indicates the existence of a conviction. (vii) Any document or record attesting to the conviction that is maintained by an official of a State or Federal penal institution, which is the basis for that institution’s authority to assume custody of the individual named in the record.”
2 later decisions quote this exact passage · from the majority“Instead, we hold that, in removal proceedings ... the government is not required to show[,] ... where a guilty plea has taken place, that the defendant necessarily admitted[ ] every element of an offense enumerated in 8 U.S.C. § 1101 (a)(43). Rather, the government bears the burden of proving, by clear and convincing evidence derived solely from the record of the prior proceeding, that (i) the alien was convicted of a crime and (ii) that crime involved every element of one of the enumerated offenses.”
2 later decisions quote this exact passage · from the majority“constitutional claims or questions of law raised upon a petition for review.”
2 later decisions quote this exact passage · from the dissent
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.