Samirah v. Holder’s Empirical Analysis
627 F.3d 652 · 2010
Citation profile
4 federal appellate · 2 district · 1 state decisions
Relationships
Applies 28 U.S.C. § 1292 · 28 U.S.C. § 1361 · 8 U.S.C. § 1182 (§ 212 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1225 (§ 235 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1225A (§ 235a 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)) · 8 U.S.C. § 1255 (§ 245 of the Immigration and Nationality Act of 1952 (McCarran-Walter))
Relies on United States Accardi v. Shaughnessy · Kleindienst v. Mandel · Webster v. Doe · United States Knauff v. Shaughnessy · Clark Field Office Director Seattle Immigration and Customs Enforcement et al. v. Martinez
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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The government’s insistence that a grant of advance parole creates no right of reentry to the United States (or if it does create such a right, no remedy for its violation) comes close to nullifying advance parole; for what applicant for adjustment of status (and thus not yet a lawful resident) would take a chance on leaving the country if he can be denied reentry on an immigration officer’s whim? The Attorney General can abolish advance parole if he wants, but he cannot be permitted to make it a trap— a device for luring a nonlawful resident out of the United States so that he can be permanently excluded from this country without any of the procedural protections that he would enjoy if, remaining in the United States, he could be removed only in a removal proceeding.”
1 later decision quote this exact passage · from the majority“And what if we did word our decision so loosely as to enable an interpretation that has us having resolved issues not before us and extinguished rights (specifically the right to return to the United States after revocation of advance parole) and remedies (specifically, mandamus) that were not yet ripe for decision because the litigation had not yet proceeded far enough? Is the plaintiff to be punished because we were imprecise?”
1 later decision quote this exact passage · from the majority“We remand ... for the issuance of a mandamus commanding the Attorney General to take whatever steps are necessary to enable the plaintiff to reenter the United States for the limited purpose of reacquiring the status ... that he enjoyed when he left the United States.”
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.