Fernandez-Roque v. Smith’s Empirical Analysis
1983
Citation profile
6 federal appellate ·
Relationships
Applies 18 U.S.C. § 3006A (Criminal Justice Act) · 22 U.S.C. § 223 · 28 U.S.C. § 1331 · 28 U.S.C. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996) · 5 U.S.C. § 706 · 8 U.S.C. § 1182 (§ 212 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1185 (§ 215 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1223 (§ 233 of the Immigration and Nationality Act of 1952 (McCarran-Walter))
Relies on Board of Regents of State Colleges v. Roth · Mathews v. Eldridge · Morrissey v. Brewer · Wolff v. McDonnell · Bell v. Wolfish
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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“clear and convincing evidence that a detainee, if released, will be likely to abscond, to pose a risk to the national security, or to pose a significant and serious threat to persons or property in the United States.”
1 later decision quote this exact passage · from the dissent“unless the Attorney General, in an individual case, in his discretion, concludes that immediate deportation is not practicable or proper.”
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.