Barrios v. Holder’s Empirical Analysis
581 F.3d 849 · 2009
Citation profile
12 federal appellate ·
How this case has been cited
Cited by 192 later decisions — most recently October 2024 · most notably Henriquez-Rivas v. Holder (2013), Garfias-Rodriguez v. Holder (2012)
12 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. § 1229B (§ 240a 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 Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc. · Immigration & Naturalization Service v. Elias-Zacarias · Skidmore v. Swift & Co. · Immigration & Naturalization Service v. Ventura · United States v. Mead Corp.
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 192 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(i) is not inadmissible or deportable under paragraph (2) or (3) of section 212(a) or paragraph (2), (3), or (4) of section 237(a) of the Immigration and Nationality Act and is not an alien described in section 241 (b)(3)(B)(i) of such Act; (ii) has been physically present in the United States for a continuous period of not less than 7 years immediately preceding the date of such application; (iii) has been a person of good moral character during such period; and (iv) establishes that removal would result in extreme hardship to the alien or to the alien’s spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence.”
2 later decisions quote this exact passage · from the majority“[T]he definition of “physical presence” is a state of being, not a state of mind; it is not conferred by an immigration officer or a governmental agency; it depends on no legal construct.... ... [The petitioner] was either corporeally within the borders of the United States or he was not. Because he was not, he cannot meet the physical presence requirement, and there is no legal basis for imputing his [parent’s] physical presence.”
1 later decision quote this exact passage · from the majority“The meaning of ‘physical presence’ is quite distinct from the requirements we have previously held to be imputable. Indeed, the difference in meaning is ‘so great as to be dispositive.’ ”
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.