Ginters v. Frazier’s Empirical Analysis
614 F.3d 822 · 2010
Citation profile
10 federal appellate · 6 district · 2 state decisions
Relationships
Applies 8 U.S.C. § 1154 (§ 204 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1186A (§ 216 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 Montana v. United States · Kucana v. Holder · Khan v. Attorney General of the United States · 24 I. & N. Dec. 785 - HASHMI · Vladimir Ismailov v. Janet Reno Attorney General US Department of Justice
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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) the party sought to be precluded in the second suit must have been a party, or in privity with a party, to the original lawsuit; (2) the issue sought to be precluded must be the same as the issue involved in the prior action; (3) the issue sought to be precluded must have been actually litigated in the prior action; (4) the issue sought to be precluded must have been determined by a valid and final judgment; and (5) the determination in the prior action must have been essential to the prior judgment.”
4 later decisions quote this exact passage · from the majority“[t]he use of the word 'shall' in [ Sections 1154(b) and (c) ] indicates the Attorney General does not have discretion with regard to ... granting an I-130 petition ....”
1 later decision quote this exact passage · from the majority“within the sole discretion of the Attorney General.”
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.