Hernandez v. Holder’s Empirical Analysis
592 F.3d 681 · 2009
Citation profile
9 federal appellate · 1 state decisions
Relationships
Applies 18 U.S.C. § 922 (Brady Handgun Violence Prevention Act) · 8 U.S.C. § 1101 (§ 101 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))
Relies on Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc. · Lopez v. Gonzales · Larin-Ulloa v. Gonzales · Omari v. Gonzales · Carachuri-Rosendo v. Holder
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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In his brief, Nieto concedes that his offense under TPC § 46.04(a) fits within 8 U.S.C. § 1101 (a)(43)(E)(ii)’s definition of “aggravated felony” in every respect except for .... an interstate commerce element. TPC § 46.04(a) has two elements that are relevant to this decision: (1) prior felony conviction and (2) possession of a firearm. 18 U.S.C. § 922 (g)(1) has three relevant elements: (1) prior felony conviction; (2) possession of a firearm; and (3) interstate commerce requirement. Nieto concedes in his brief that TPC § 46.04(a)’s two elements correspond with 18 U.S.C. § 922 (g)(l)’s first two elements.”
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.