Tobia v. Sava’s Empirical Analysis
1982
Citation profile
Relationships
Applies 28 U.S.C. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996) · 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. § 1225 (§ 235 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1226 (§ 236 of the Immigration and Nationality Act of 1952 (McCarran-Walter))
Relies on Kleindienst v. Mandel · Bertrand v. Sava
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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[A]s long as the Attorney General exercises his broad discretion ... his decision may not be challenged on the grounds that the discretion was not exercised fairly in the view of a reviewing court or that it gave too much weight to certain factors . .. and too little to others. Indeed, section 1182(d)(5) permits the Attorney General to deny parole to all or to certain groups of unadmitted aliens on the ground that he finds no emergent or public interest reasons justifying their release on parole. The discretion may not be exercised to discriminate ... or to depart without rational explanation from established policies ... But the Attor ney General’s exercise of his broad discretionary power must be viewed at the outset as presumptively legitimate and bona fide in the absence of strong proof to the contrary.”
1 later decision quote this exact passagee.g. Abu Laban v. Sava“(a) the alien has a serious medical condition; (b) the alien is pregnant, or is a juvenile; (c) the alien has an eligible parent, spouse, child or sibling who has filed a visa petition on the alien’s behalf; (d) the alien will be a witness in a judicial, administrative or legislative proceeding, or is subject to prosecution; (e) continued detention is against the public interest as determined by the District Director”
1 later decision quote this exact passagee.g. Abu Laban v. Sava
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.