Babula v. Immigration & Naturalization Service’s Empirical Analysis
665 F.2d 293 · 1981
Citation profile
11 federal appellate · 2 district ·
How this case has been cited
Cited by 33 later decisions (1 by the Supreme Court) — most recently November 2018 · most notably Immigration & Naturalization Service v. Delgado (1984), Zepeda v. United States Immigration & Naturalization Service (1983)
11 federal appellate · 2 district ·
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
Relies on Terry v. Ohio · Wong Sun v. United States · Katz v. United States · Rakas v. Illinois · Delaware v. Prouse
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.
“(1) to interrogate any alien or person believed to be an alien as to his right to be or to remain in the United States; (2) ... to arrest any alien in the United States, if he has reason to believe that the alien so arrested is in the United States in violation of any such law or regulation and is likely to escape before a warrant can be obtained for his arrest, but the alien arrestee shall be taken without unnecessary delay ... before an officer of the Service having authority to examine aliens as to their right to enter or remain in the United States.”
3 later decisions quote this exact passage · from the majority“[8 C.F.R.] § 287.8 Standards for enforcement activities.... (b) Interrogation and detention not amounting to arrest. (1) ... An immigration officer, like any other person, has the right to ask questions of anyone as long as the immigration officer does not restrain the freedom of an individual, not under arrest, to walk away. (2) If the immigration officer has a reasonable suspicion, based on specific articulable facts, that the person being questioned is ... an alien illegally in the United States, the immigration officer may briefly detain the person for questioning. (c) Conduct of arrests .... (2) General procedures, (i) An arrest shall be made only when the designated immigration officer has reason to believe that the person to be arrested ... is an alien illegally in the United States. (ii) A warrant of arrest shall be obtained except when the designated immigration officer has reason to believe that the person is likely to escape before a warrant can be obtained. ****** (iv) With respect to an alien arrested and administratively charged with being in the United States in violation of law, the arresting officer shall adhere to the procedures set forth in 8 CFR 287.3 if the arrest is made without a warrant. (v) With respect to a person arrested and charged with a criminal violation of the laws of the United States, the arresting officer shall advise the person of the appropriate rights as required bylaw.... (iv) Every person arrested and charged with a criminal violation ”
1 later decision quote this exact passage · from the majority“(a) Powers without warrant. Any officer or employee of the Service authorized under regulations prescribed by the Attorney General shall have power without warrant ... (2) to arrest any alien who in his presence or view is entering or attempting to enter the United States in violation, of any law or regulation made in pursuance of law regulating the admission, exclusion, expulsion, or removal of aliens, or to arrest any alien in the United States, if he has reason to believe that the alien so arrested is in the United States in violation of any such law or regulation and is likely to escape before a war-' rant can be obtained for his arrest, but the alien arrested shall be taken without unnecessary delay for examination before an officer of the Service having authority to examine aliens as to their right to enter or remain in the United States.”
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.