Avagyan v. Holder’s Empirical Analysis
646 F.3d 672 · 2011
Citation profile
9 federal appellate · 1 state decisions
Relationships
Applies 28 U.S.C. § 2244 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2412 · 8 U.S.C. § 1151 (§ 201 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 Coleman v. Thompson · Pennsylvania v. Finley · Iturribarria v. Immigration & Naturalization Service · LOZADA · Mohammed v. Gonzales
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 269 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“First, we determine if (and when) a reasonable person in petitioner’s position would suspect the specific fraud or error underlying her motion to reopen. Second, we ascertain whether petitioner took reasonable steps to investigate the suspected fraud or error, or, if petitioner is ignorant of counsel’s shortcomings, whether petitioner made reasonable efforts to pursue relief.... Third, we assess when the tolling period should end; that is, when petitioner definitively learns of the harm resulting from counsel’s deficiency, or obtains “vital information bearing on the existence of his claim.””
1 later decision quote this exact passage · from the dissent“The BIA abuses its discretion when its decision is arbitrary, irrational, or contrary to law.”
1 later decision quote this exact passage · from the dissent
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.