Hernandez v. Holder’s Empirical Analysis
579 F.3d 864 · 2009
Citation profile
1 federal appellate ·
Relationships
Applies 8 U.S.C. § 1101 (§ 101 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1158 (§ 208 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. § 1252 (§ 242 of the Immigration and Nationality Act of 1952 (McCarran-Walter))
Relies on Immigration and Naturalization Service v. Enrico St Cyr · CHEN · Batanic v. Immigration & Naturalization Service · Emil Roman Dochita v. Immigration and Naturalization Service Janet Reno · Al Khouri v. Ashcroft
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The Immigration Judge correctly ruled that he did not have the authority to agree to administrative closure over the objection of [DHS]. An Immigration Judge cannot administratively close deportation proceedings over the objection of either party. Matter of Lopez-Barrios, 20 I & N Dec. 203 , 204 (BIA 1990). The respondent argues on appeal that the DHS opposition to administrative closure constitutes an abuse of discretion. We have no jurisdiction over appeals from the DHS[’s] exercise of discretion.”
1 later decision quote this exact passage · from the majoritye.g. Hernandez v. Holder“We review the BIA's decision as the final agency action, including the IJ's findings and reasoning to the extent they were expressly adopted by the BIA.” Lovan v. Holder, 574 F.3d 990 , 993 (8th Cir.2009) (quotation omitted); see also Marroquin-Ochoma v. Holder, 574 F.3d 574 , 577 (8th Cir.2009) (”
1 later decision quote this exact passage · from the majoritye.g. Hernandez 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.