Ortega v. Holder’s Empirical Analysis
592 F.3d 738 · 2010
Citation profile
5 federal appellate · 1 district ·
Relationships
Applies 28 U.S.C. § 2201 · 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996) · 8 U.S.C. § 1252 (§ 242 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1503 (§ 360 of the Immigration and Nationality Act of 1952 (McCarran-Walter))
Relies on BedRoc Limited, LLC v. United States · Federal Communications Commission v. Schreiber · City of Rancho Palos Verdes v. Abrams · McCarthy v. Bronson · Johnson v. United States
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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[Section 1503(a)’s jurisdictional exceptions] are designed to protect removal proceedings from judicial interference and preserve 8 U.S.C. § 1252 as the exclusive means of challenging a final order of removal. A party may not frustrate the Government’s effort to remove him by instituting an action under 8 U.S.C. § 1503 (a) while proceedings are ongoing. Similarly, a party may not use § 1503(a) to frustrate Congress’s effort to channel all appeals from removal proceedings — including those in which the alien raised claims of nationality— through 8 U.S.C. § 1252 .”
2 later decisions quote this exact passage · from the concurrence“[N]o such action may be instituted [under 8 U.S.C. § 1503 (a) ] in any case if the issue of such person's status as a national of the United States (1) arose by reason of, or in connection with any removal proceeding under the provisions of this chapter or any other act, or (2) is in issue in any such removal proceeding.”
1 later decision quote this exact passage · from the majoritye.g. Lopez v. Pompeo“[i]f Rios-Valenzuela were to again apply for citizenship at some future time, when no removal proceedings have been initiated, and the claim is denied, ... he would have a right to seek declaratory judgment.”
1 later decision quote this exact passage · from the majoritye.g. Lopez v. Pompeo
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.