Muka v. Baker’s Empirical Analysis
559 F.3d 480 · 2009
Citation profile
4 federal appellate ·
Relationships
Applies 28 U.S.C. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996) · 8 U.S.C. § 1252 (§ 242 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1255 (§ 245 of the Immigration and Nationality Act of 1952 (McCarran-Walter))
Relies on Immigration and Naturalization Service v. Enrico St Cyr · Swain v. Pressley · Almuhtaseb v. Gonzales · Gilaj v. Gonzales · Ramirez-Canales 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Except as provided in this section and notwithstanding any other provision of law (statutory or nonstatutory), including section 2241 of Title 28, or any other habeas corpus provision, and sections 1361 and 1651 of such title, no court shall have jurisdiction to hear any cause or claim by or on behalf of any alien arising from the decision or action by the Attorney General to commence proceedings, adjudicate cases, or execute removal orders against any alien under this chapter.”
2 later decisions quote this exact passage · from the majority“[w]e do not say that there will never be an alien claiming protection under § 1255(i) who could make a successful as-applied challenge to the REAL ID Act. However, we leave this inquiry to future panels presented with different cases and do not foreclose other distinct as-applied challenges .”
2 later decisions quote this exact passage · from the majority“[b]ecause there is a remedy available, a petition for review filed with the court of appeals, the REAL ID Act does not violate the Suspension Clause so long as a petition for review provides an 'adequate and effective' mechanism for relief.”
2 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.