Pickering v. Gonzales’s Empirical Analysis

Citation profile

15 federal appellate · 1 district · 5 state decisions

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 45 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[a] conviction vacated for rehabilitative or immigration reasons remains valid for immigration purposes, ... one vacated because of procedural or substantive infirmities does not. [Citations.]”

   5 later decisions quote this exact passage
   e.g. Saleh v. Gonzales · Singh v. Sessions

2. “The resolution of this case therefore turns on whether the conviction was quashed on the basis of a defect in the underlying criminal proceedings. In making this determination, we look to the law under which the Canadian court issued its order and the terms of the order itself, as well as the reasons presented by the respondent in requesting that the court vacate the conviction. The order quashing the conviction in this case does not reference the law pursuant to which the conviction was vacated. Although [Pickering] noted in his affidavit that he sought the relief pursuant to Section 24(1) of the Canadian Charter of Rights and Freedoms and has argued that the purpose of this section is to provide appropriate and just remedies for violation of Charter rights, we are unable to discern such a purpose from the official documentation submitted in support of the claim. Turning to the wording of the order and the respondent’s request for post-conviction relief, we note that the judgment only refers, as the grounds for ordering the conviction quashed, to [Pickering’s] request and his supporting affidavit. Significantly, neither document identifies a basis to question the integrity of the underlying criminal proceeding or conviction. The affidavit alleges that the respondent’s controlled substance conviction is a bar to his permanent residence in the United States and indicates that the sole purpose for the order is to eliminate that bar. Under these circumstances, we find that the q”

   1 later decision quote this exact passage
   e.g. Pickering v. Mukasey

3. “because it was apparent from the order of the court and the record that the conviction was vacated solely for immigration reasons. Id. Unlike Zaitona, in the instant case, the order of the Canadian court is silent on the question of its motivation, referring instead to the Petitioner's request, supporting affidavit, and”

   1 later decision quote this exact passage
   e.g. Sanusi v. Gonzales