Desai v. Mukasey’s Empirical Analysis
520 F.3d 762 · 2008
Citation profile
8 federal appellate · 1 state decisions
Relationships
Applies 8 U.S.C. § 1101 (§ 101 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 Morales v. Trans World Airlines, Inc. · Lopez v. Gonzales · Gonzales-Gomez v. Achim · Barraza v. Mukasey
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[A] law need not require for its violation the actual involvement of a controlled substance in order to relate to a controlled substance. If Congress wanted a one-to-one correspondence between the [laws of conviction] and the federal CSA, it would have used a word like “involving” instead of “relating to”.... In this vein, the BIA and several of our sister Courts of Appeals have held that a law prohibiting the possession or use of drug paraphernalia is a law relating to a controlled substance.”
2 later decisions quote this exact passage · from the majority“It is the fact that there is a relation between the Look-Alike and the controlled substance that justifies making the distribution of the Look-Alike illegal. To put it more bluntly, the idea of distributing a “Psilocybin Look-Alike” would not even exist as a legal (or linguistic) concept without its connection to, or relationship with, Psilocybin. The simulacrum and the thing itself are always connected.”
1 later decision quote this exact passage · from the majority“[t]he term 'aggravated felony' means ... illicit trafficking in a controlled substance (as defined in [ 21 U.S.C. § 802 ] ), including a drug trafficking crime (as defined in section 924(c) of Title 18 ).”
1 later decision 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.