622 F. Supp. 887 - Fernandez-Roque v. Smith’s Empirical Analysis
1985
Citation profile
6 federal appellate ·
How this case has been cited
Cited by 9 later decisions — most recently May 2002
6 federal appellate ·
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 8 U.S.C. § 1158 (§ 208 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. § 1227 (§ 237 of the Immigration and Nationality Act of 1952 (McCarran-Walter))
Relies on Board of Regents of State Colleges v. Roth · Morrissey v. Brewer · Cleveland Board of Education v. Loudermill · Paul v. Davis · Bishop v. Wood
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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he only reasonable interpretation of the invitation is that it is the expression of an executive policy and practice to afford plaintiffs some greater status than that afforded ordinary excludable aliens, over whose liberty the Attorney General has “remarkably broad” discretion. By elevating these plaintiffs’ legal status over that of ordinary excludable aliens, the invitation limited the Attorney General’s discretion over their parole.”
1 later decision quote this exact passage · from the majority“[T]he indefinite detention of [persons] ... without periodic hearings establishing that the continued detention of each class member is reasonably necessary for early deportation or for the protection of society from one proven to be dangerous, appears to violate customary international law.”
1 later decision quote this exact passage · from the majority“is likely to abscond, to pose a risk to the national security, or to pose a serious and significant threat to persons or property within the United States.”
1 later decision quote this exact passage · from the majoritye.g. Garcia-Mir v. Meese
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.