538 F. Supp. 2d 813 - Kestelboym v. Chertoff’s Empirical Analysis
2008
Citation profile
2 federal appellate · 1 district ·
Relationships
Applies 8 U.S.C. § 1421 (§ 310 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1429 (§ 318 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1430 (§ 319 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1447 (§ 336 of the Immigration and Nationality Act of 1952 (McCarran-Walter))
Relies on Mortensen v. First Federal Savings & Loan Ass'n · Shomberg v. United States · Carpet Group International v. Oriental Rug Importers Ass'n, Inc. · Spectronics Corporation v. Hb Fuller Company Inc Hb · Liquid Dynamics Corp. v. Vaughan Co.
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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“when a court reviews a complaint under a factual attack, the allegations have no presumptive truthfulness, and the court that must weigh the evidence has discretion to allow affidavits, documents, and even a limited evidentiary hearing to resolve disputed jurisdictional facts.”
1 later decision quote this exact passage · from the majority“[T]he existence of disputed material facts will not preclude the trial court from evaluating for itself the merits of jurisdictional claims.”
1 later decision quote this exact passage · from the majority“the trial court is free to weigh the evidence and satisfy itself as to the existence of its power to hear the case.”
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.