De La Rosa v. Holder’s Empirical Analysis
598 F.3d 103 · 2010
Citation profile
7 federal appellate ·
Relationships
Applies 7 U.S.C. § 21 · 8 U.S.C. § 1252 (§ 242 of the Immigration and Nationality Act of 1952 (McCarran-Walter))
Relies on Immigration & Naturalization Service v. Ventura · Cao He Lin v. United States Department of Justice · Chen v. United States Department of Justice R · Li Hua Lin v. United States Department of Justice · Khouzam 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 43 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[I]t is not clear to this Court why the preventative efforts of some government actors should foreclose the possibility of government acquiescence, as a matter of law, under the CAT. Where a government contains officials that would be complicit in torture, and that government, on the whole, is admittedly incapable of actually preventing that torture, the fact that some officials take action to prevent the torture would seem neither inconsistent with a finding of government acquiescence nor necessarily responsive to the question of whether torture would be "inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.””
5 later decisions quote this exact passage · from the majority“by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity”
2 later decisions quote this exact passage · from the majority“whether, as a matter of law, a government may acquiesce to a person's torture where (1) some officials attempt to prevent that torture (2) while other officials are complicit, and (3) the government is admittedly unable to actually prevent the torture from taking place.”
1 later decision quote this exact passage · from the majoritye.g. H.H. v. Garland
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.