Fernandes v. Holder’s Empirical Analysis
619 F.3d 1069 · 2010
Citation profile
4 federal appellate ·
Relationships
Applies 8 U.S.C. § 1105A (§ 106 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1158 (§ 208 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. Elias-Zacarias · Molina-Estrada v. Immigration & Naturalization Service · Arpin v. Santa Clara Valley Transportation Agency · Santiago Pedro-Mateo v. Immigration and Naturalization Service · Akinmade v. Immigration & Naturalization Service
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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[W]hen the [BIA] remands a case to an immigration judge for further proceedings, it divests itself of jurisdiction of that case unless jurisdiction is expressly retained. Further, when this is done, unless the Board qualifies or limits the remand for a specific purpose, the remand is effective for the stated purpose and for consideration of any and all matters which the Service officer deems appropriate in the exercise of his administrative discretion.”
1 later decision quote this exact passage · from the majority“(1) an asylum applicant must have notice of the consequences of filing a frivolous application; (2) the IJ or Board must make specific findings that the applicant knowingly filed a frivolous application; (3) those findings must be supported by a preponderance of the evidence; and (4) the applicant must be given sufficient opportunity to account for any discrepancies or implausibilities in his application.”
1 later decision quote this exact passage · from the majority“the IJ's jurisdiction on remand from the BIA is limited only when the BIA expressly retains jurisdiction and qualifies or limits the scope of the remand to a specific purpose.”
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.