Holley v. Lavine’s Empirical Analysis
553 F.2d 845 · 1977
Citation profile
16 federal appellate · 1 district · 22 state decisions
How this case has been cited
Cited by 49 later decisions — most recently March 2019 · most notably Berger v. Heckler (1985), Barnes v. Cohen (1984)
16 federal appellate · 1 district · 22 state decisions — followed in 12 states
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 42 U.S.C. § 1301 (§ 1101 of the Social Security Act of 1935) · 42 U.S.C. § 601 (§ 401 of the Social Security Act of 1935) · 42 U.S.C. § 606 (§ 406 of the Social Security Act of 1935) · 8 U.S.C. § 1101 (§ 101 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1153 (§ 203 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 Edelman v. Jordan · King v. Smith · Newman v. United States · United States v. Robin · Torres v. Sachs
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 49 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“actions not covered by specific authorizations of law.”
11 later decisions quote this exact passage · from the majority“residing in the United States under color of law until a final determination of deportability is made following a hearing pursuant to 8 U.S.C. § 1252 (b). The phrase”
5 later decisions quote this exact passagee.g. Berger v. Heckler · LOK“The issue of whether an alien is permanently residing in the United States under color of law has been the subject of recent State appeals board and court decisions. Usually these cases concern aliens who entered the United States illegally, or who were lawfully admitted to the United States but not authorized to work during their stay. Later the alien may apply to the INS for permanent residence, political asylum, suspension of deportation or some other change in status. While a status determination is pending or deportation proceedings are being considered, the alien may file a claim for unemployment compensation. In some (but not all) of these cases, appeals boards or courts have ruled that if the INS knows of an alien’s illegal presence in the United States and has taken no action on the case, the alien is “permanently residing in the United States under color of law.” Rulings of this type do not conform with the intent of Section 3304(a)(14)(A), FUTA, or its legislative history. INS inaction is not sufficient to show that an alien is present under color of law and States may not interpret it as such.”
3 later decisions 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.