Garcia v. Smith’s Empirical Analysis
674 F.2d 838 · 1982
Citation profile
12 federal appellate · 1 district ·
Relationships
Applies 28 U.S.C. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996) · 5 U.S.C. § 1009 · 8 U.S.C. § 1105A (§ 106 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1158 (§ 208 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. § 1252 (§ 242 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1323 (§ 273 of the Immigration and Nationality Act of 1952 (McCarran-Walter))
Relies on Shaughnessy v. United States Ex Rel. Mezei · United States Knauff v. Shaughnessy · Cheng Fan Kwok v. Immigration & Naturalization Service · Nishimura Ekiu v. United States · Leng May Ma v. Barber
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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(b) Limitation of certain aliens to habeas corpus proceedings. Notwithstanding the provision of any other law, any alien against whom a final order of exclusion has been made heretofore or hereafter under the provisions of [ 8 U.S.C. § 1226 ] or comparable provisions of any prior Act may obtain judicial review of such order by habeas corpus proceedings and not otherwise.”
1 later decision quote this exact passage · from the majority“[E]ven though 8 U.S.C.A. § 1323 (d) may indicate that exclusion of stowaways is not pursuant to Section 1226, the clear intent of Congress in passing Section 1105a(b) was to make petitions for habeas corpus the sole procedure for testing all decisions to exclude aliens, including those who are stowaways.”
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.