Lanier v. U.S. Attorney General’s Empirical Analysis
631 F.3d 1363 · 2011
Citation profile
19 federal appellate ·
Relationships
Applies 8 U.S.C. § 1101 (§ 101 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. § 1252 (§ 242 of the Immigration and Nationality Act of 1952 (McCarran-Walter))
Relies on Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc. · Immigration & Naturalization Service v. Cardoza-Fonseca · Burgess v. United States · Delgado v. U.S. Attorney General · Martinez v. Mukasey
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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“... [T]he respondent has not previously been admitted to the United States as an alien lawfully admitted for permanent residence. Section 212(h) of the Act, while specifically precluding waiver eligibility for a lawful permanent resident who has been convicted of an aggravated felony, imposes no such restriction on one who has not been admitted previously as a lawful permanent resident In this regard, we find that the language of the statute is clear and unambiguous. Where the language of a statute is clear, as it is here, the unam biguously expressed intent of Congress must be given effect.”
3 later decisions quote this exact passage · from the majority“If the term “admitted” in the phrase “previously been admitted” included post-entry adjustment of status to an LPR, as proposed by the government, the first section of the statutory language, “an alien who has previously been admitted to the United States as,” would be superfluous because the definition of “lawfully admitted for permanent residence” encompasses adjustment of status.... Had Congress intended the bar on eligibility to apply to all LPRs, it would have simply omitted this phrase. Furthermore, construing the statute to bar from eligibility only LPRs who entered into the United States in such status is bolstered by the longstanding principle of construing any lingering ambiguities in deportation statutes in favor of the alien.”
1 later decision quote this exact passage · from the majority“[s]ection 212(h)(1)(B) ... gives the Attorney General the discretion to waive the immigration consequences of certain criminal convictions if a person demonstrates that her removal or denial of admission would result in extreme hardship to a U.S. citizen family member.” Lanier v. U.S. Att'y Gen., 631 F.3d 1363 , 1365 (11th Cir.2011). 2 . In 1996, Congress replaced exclusion and deportation proceedings with”
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.