Hamazaspyan v. Holder’s Empirical Analysis
590 F.3d 744 · 2009
Citation profile
15 federal appellate ·
Relationships
Applies 8 U.S.C. § 1229 (§ 239 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1229A (§ 240 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 Duncan v. Walker · George Duncan Superintendent Great Meadow Correctional Facility v. Sherman Walker · Mendez v. Immigration & Naturalization Service · GRIJALVA · Fuentes-Argueta v. Immigration and Naturalization Service Ins
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 73 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“If the case is that the alien is represented by counsel of record, then the government must serve one of his counsel of record. If, however, the alien is not represented by counsel of record, then the government must serve the alien. The purpose of the word “or” in the statute is to clarify that the immigration court is not required to send notice to both the alien and the alien’s counsel of record. Therefore, we hold that, once the alien’s counsel files an appearance before the immigration court, § 1229 requires the government to serve an alien’s counsel of record with any document related to the alien’s removal proceedings.”
1 later decision quote this exact passage · from the majority“Any alien who, after written notice required under paragraph (1) or (2) of section 1229(a) of this title has been provided to the alien or the alien’s counsel of record, does not attend a proceeding under this section, shall be ordered removed in absentia if the [Immigration and Naturalization Service] establishes by clear, unequivocal, and convincing evidence that the written notice was so provided and that the alien is removable....”
1 later decision quote this exact passage · from the majoritye.g. Cruz-Gomez v. Lynch“Those two obligations are: (1) “[T]he alien must immediately [upon service of the NTA] provide (or have provided) the Attorney General with a written record of an address and telephone number (if any) at which the alien may be contacted respecting [the removal] proceeding,” and (2) “[The alien] must provide the Attorney General immediately with a written record of any change of the alien’s address or telephone number.””
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.