Lovan v. Holder’s Empirical Analysis
574 F.3d 990 · 2009
Citation profile
18 federal appellate ·
How this case has been cited
Cited by 27 later decisions (1 by the Supreme Court) — most recently February 2021 · most notably Nasrallah v. Barr (2020), Constanza v. Holder (2011)
18 federal appellate ·
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 8 U.S.C. § 1101 (§ 101 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. § 1227 (§ 237 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1229B (§ 240a of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1231 (§ 241 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1251 (§ 241 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1252 (§ 242 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1254 (§ 244 of the Immigration and Nationality Act of 1952 (McCarran-Walter))
Relies on Landgraf v. USI Film Products · Immigration and Naturalization Service v. Enrico St Cyr · Immigration & Naturalization Service v. Yueh-Shaio Yang · Francis v. Immigration & Naturalization Service · Abebe 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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“If the BIA would have made Lovan eligible for § 212(c) relief, nunc pro tunc, prior to the statute’s repeal, then it was an error of law in applying St. Cyr to deny him eligibility under former § 212(c) at this time, and the agency should proceed to determine whether he warrants a § 212 waiver. On the other hand, if we have misinterpreted footnote 6 of the Attorney General’s decision in Hernandez-Casillas, then the BIA must clearly explain why Blake rather than G-A- applies to this case and makes Lovan ineligible for relief under former § 212(c) and St. Cyr.”
1 later decision quote this exact passagee.g. Lovan v. Holder“Mens lawfully admitted for permanent residence who temporarily proceeded abroad voluntarily and not under an order of deportation, and who are returning to a lawful unrelinquished domicile of seven consecutive years may be admitted in the discretion of the Attorney General without regard to the provisions of subsection (a) of this section [which established the grounds for excluding aliens seeking admission].... 2”
1 later decision quote this exact passagee.g. Lovan v. Holder“We believe that if [§ 212(c) ] is exercised to waive a ground of inadmissibility based upon a criminal conviction, a deportation proceeding cannot thereafter be properly instituted based upon the same criminal conviction unless, of course, the Attorney General has revoked the previous grant of relief.”
1 later decision quote this exact passagee.g. Lovan v. Holder
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.