Bracamontes v. Holder’s Empirical Analysis
675 F.3d 380 · 2012
Citation profile
11 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 · Connecticut National Bank v. Germain · Federal Communications Commission v. Beach Communications, Inc. · Immigration and Naturalization Service, v. Juan Anibal Aguirre-Aguirre
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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“follows: [n]o waiver shall be granted under this subsection in the case of an alien who has previously been admitted to the United States as an alien lawfully ad- mitted for permanent residence if [] since the date of such admission alien has been convicted of an aggravated felony....”
3 later decisions quote this exact passage · from the majority“in the case of an immigrant who is the spouse, parent, son, or daughter of a citizen of the United States or an alien lawfully admitted for permanent residence if it is established to the satisfaction of the Attorney General that the alien’s denial of admission would result in extreme hardship to the United States citizen or lawfully resident spouse, parent, son, or daughter of such alien.” 8 U.S.C. § 1182 (h)(1)(B) (emphasis added). The government argues that if an adjustment of status is not an admission, then an alien like Mendoza could not obtain a waiver under § 212(h) because”
1 later decision quote this exact passage · from the majoritye.g. Leiba v. Holder“As such, an alien with [LPR] status who has entered the United States legally, following inspection by an immigration officer, and is subsequently convicted of an aggravated felony, [has not “been admitted to the United States as an alien lawfully admitted for permanent residence” and thus] is statutorily ineligible for a section 212(h) waiver. With respect to other aliens, however, the Attorney General retains the discretion to grant a waiver....”
1 later decision quote this exact passage · from the majoritye.g. Leiba v. Holder
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.