Dale v. Holder’s Empirical Analysis
610 F.3d 294 · 2010
Citation profile
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. 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“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 majoritye.g. State v. Pollman“[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 majoritye.g. Ramirez v. Sessions
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.