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← 610 F.3d 294 - Dale v. Holder

Dale v. Holder’s Empirical Analysis

610 F.3d 294 · 2010

Citation profile

23
cited by 23 later decisions
1
states following
September 2022
most recently cited

8 federal appellate · 1 state decisions

Relationships

Applies 18 U.S.C. § 16 · 8 U.S.C. § 1101 (§ 101 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 Immigration & Naturalization Service v. Ventura · Mikhael v. Immigration & Naturalization Service · Kuang-Te Wang v. Ashcroft · Omari v. Holder · Sidabutar v. Gonzales

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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “1. With intent to cause serious physical injury to another person, he causes such injury to such person or to a third person by means of a deadly weapon or a dangerous instrument; or 2. With intent to disfigure another person seriously and permanently, or to destroy, amputate or disable permanently a member or organ of his body, he causes such injury to such person or to a third person; or 3. Under circumstances evincing a depraved indifference to human life, he recklessly engages in conduct which creates a grave risk of death to another person, and thereby causes serious physical injury to another person; or 4. In the course of and in furtherance of the commission or attempted commission of a felony or of immediate flight therefrom, he, or another participant if there be any, causes serious physical injury to a person other than one of the participants.”
    2 later decisions quote this exact passage · from the majority
  2. “These courts recognize that it is often in the interest of defendants to 'plead to a nonexistent crime in satisfaction of an indictment charging a crime with a heavier penalty' and thereby avoid risking a conviction for the more serious crime even though a jury could not convict a defendant of a legally impossible crime. People v. Martinez, 81 N.Y.2d 810 , 812, 595 N.Y.S.2d 376 , 611 N.E.2d 277 (1993).”
    1 later decision quote this exact passage · from the majority
  3. “[A]lthough the argument [petitioner] presented to the BIA is not identical to that which he raises in his petition for review, the arguments are sufficiently related to establish that [he] presented his ground for relief to the administrative agency in the first instance.”
    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.