Kholyavskiy v. Holder’s Empirical Analysis

Citation profile

4 federal appellate ·

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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “For instance, courts are more likely to conclude that the Government’s position is substantially justified if it is supported by our precedent or that of other courts. See Krecioch v. United States, 316 F.3d 684 , 689 (7th Cir.2003) (finding the Government’s position to be substantially justified in part because it was “supported by precedent from other federal circuits”). Moreover, “uncertainty in the law arising from conflicting authority or the novelty of the question weighs in the government’s favor when analyzing the reasonableness of the government’s litigation position.” Marcus v. Shalala, 17 F.3d 1033 , 1037 (7th Cir.1994). By contrast, “[sjtrong language against the government’s position in an opinion assessing the merits of a key issue is evidence in support of an award of EAJA fees,” Golembiewski, 382 F.3d at 724 , as is wholesale rejection of the Government’s arguments by the merits panel, see id. at 725 (awarding fees and observing that “[w]e did not reject any issue raised by the plaintiff on appeal nor did we adopt or affirm any position taken by the Commissioner”).”

   1 later decision quote this exact passage · from the majority
   e.g. Potdar v. Holder

2. “[i]n other contexts, we have held that ''[t]he 'position of the United States’ includes the underlying agency conduct as well as the agency's litigation position.” Marcus v. Shalala, 17 F.3d 1033 , 1036 (7th Cir.1994). Although other circuits have extended this rationale to the immigration context, see, e.g., Thangaraja v. Gonzales, 428 F.3d 870 , 873 (9th Cir.2005), we have not had an occasion to address directly the applicability of this rule to immigration cases. See Tchemkou v. Mukasey, 517 F.3d 506 , 509 n. 1 (7th Cir.2008).”

   1 later decision quote this exact passage · from the majority
   e.g. Potdar v. Holder