Farzad v. Chandler’s Empirical Analysis

Citation profile

3 federal appellate · 1 district · 1 state decisions

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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In the term “alien’s unlawful status was known to the Government,” the term “government” means the Immigration and Naturalization Service. An alien’s unlawful status was “known to the Government” only if: (1)The Service received factual information constituting a violation of the alien’s nonimmigrant status from any agency, bureau or department, or subdivision thereof, of the Federal government, and such information was stored or otherwise recorded in the official Service alien file, whether or not the Service took follow-up action on the information received. In order to meet the standard of “information constituting a violation of the alien’s nonimmigrant status,” the alien must have made a clear statement or declaration to the other federal agency, bureau or department that he or she was in violation of nonimmigrant status; or (2) An affirmative determination was made by the Service prior to January 1, 1982 that the alien was subject to deportation proceedings....; or (3) A copy of a response by the Service to any other agency which advised that agency that a particular alien had no legal status in the United States or for whom no record could be found.”

   1 later decision quote this exact passage · from the majority
   e.g. Ayuda, Inc. v. Meese

2. “unlawful status weis known to the Government” was also used in Section 501 of the Act. That section provides for reimbursement of a State by the federal government for the costs of imprisoning an illegal alien convicted of a felony by that State. The Act provides, in relevant part, that: (b) ILLEGAL ALIENS CONVICTED OF A FELONY — An illegal Eilien referred to in subsection (a) is any alien who is any alien convicted of a felony who is in the United States unlawfully and— (1) whose most recent entry into the United States was without inspection, or (2) whose most recent admission to the United States was as a nonimmigrant and— (A) whose period of authorized stay as a nonimmigrant expired, or (B) whose unlawful status was known to the Government. Section 501 of IRCA (emphasis added). This use of the term "unlawful status was known to the Government” reinforces my conclusion that Congress meant what it SEiid in Section 245A. In Section 501, Congress could not conceivably have intended the INS to substitute the word “INS”

   1 later decision quote this exact passage · from the majority
   e.g. Ayuda, Inc. v. Meese

3. “The further requirement that the “factual information” received from another government agency must have been in an official INS file means, as a practical matter, that this provision could rarely, if ever, be invoked. INS concedes that the vast majority of nonimmigrants do not have an official file with the INS unless and until they are somehow determined to have been in violation of their status. Even if the person were under suspicion by INS prior to January 1, 1982, it has been documented in this case that INS does not record how or when it initially learned of such a violation of status. Without such recordkeeping, INS would make it impossible, through its own practices, for an applicant to meet the burden required by the interpretation of the Act.”

   1 later decision quote this exact passage · from the majority
   e.g. Ayuda, Inc. v. Meese