Clifton v. Holder’s Empirical Analysis
598 F.3d 486 · 2010
Citation profile
7 federal appellate ·
Appellate journey
reviewedthe decision below (from Missouri Eastern District Court)
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. § 1229A (§ 240 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1255 (§ 245 of the Immigration and Nationality Act of 1952 (McCarran-Walter))
Relies on Kucana v. Holder · 126 S. Ct. 2916 - Credit Suisse First Boston Ltd. v. Billing · Stupakoff v. Otto (GmbH & Co. KG) · Zheng Zheng v. Gonzales · Succar 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“the alien had already had an opportunity to fully present and litigate his request for discretionary relief from deportation .... reopening should not be granted unless the alien had met the 'heavy burden' of showing that the new evidence presented 'would likely change the result in the case.'”
1 later decision quote this exact passage · from the majority“The BIA abuses its discretion if its decision is without rational explanation, departs from established policies, invidiously discriminates against a particular race or group, or where the agency fails to consider all factors presented by the alien or distorts important aspects of the claim.”
1 later decision quote this exact passage · from the majority“the BIA abuse[s] its discretion by refusing to remand and reopen removal proceedings solely on the ground that the BIA lacks jurisdiction over an application for adjustment of status that has been filed with and pends before USCIS,”
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.