Abebe v. Gonzales’s Empirical Analysis
493 F.3d 1092 · 2007
Citation profile
15 federal appellate ·
Appellate journey
Relationships
Applies 8 U.S.C. § 1101 (§ 101 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1103 (§ 103 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)) · 8 U.S.C. § 1227 (§ 237 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. § 1231 (§ 241 of the Immigration and Nationality Act of 1952 (McCarran-Walter))
Relies on Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc. · Landgraf v. USI Film Products · Immigration & Naturalization Service v. Cardoza-Fonseca · Immigration and Naturalization Service v. Enrico St Cyr · Cannon v. University of Chicago
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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[I]n 2001 the Supreme Court decided that § 212(c) relief remains available for aliens who pled guilty prior to AEDPA and/or IIRIRA and who “would have been eligible for § 212(c) relief at the time of their plea under the law then in effect.” St. Cyr, 533 U.S. at 326 [ 121 S.Ct. 2271 ]. In August 2002, the Department of Justice (“DOJ”) published proposed amendments to its regulations that were meant to codify the requirements for former § 212(c) relief in the wake of AEDPA, IIRIRA, and St. Cyr. 67 Fed.Reg. 52627 (August 13, 2002). The DOJ noted that, among other things, “an applicant must, at a minimum meet the criteria ... [that he] is deportable or removable on a ground that has a corresponding ground of exclusion or inadmissibility.” Id at 52628-29. The final rule was published on September 28, 2004. 8 C.F.R. § 1212.3 (f)(5).”
1 later decision quote this exact passagee.g. Morgan v. Keisler“[s]uch judicial legislating would vastly overstep our limited scope of judicial inquiry into immigration legislation, and would interfere with the broad enforcement powers Congress has delegated to the Attorney General.”
1 later decision quote this exact passage · from the concurrencee.g. Abebe v. Mukasey
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.