Morris v. Holder’s Empirical Analysis
676 F.3d 309 · 2012
Citation profile
6 federal appellate · 1 district ·
Relationships
Applies 18 U.S.C. § 16 · 18 U.S.C. § 924 · 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. § 1227 (§ 237 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1229B (§ 240a 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 Padilla v. Kentucky · Leocal v. Ashcroft · Galvan v. Press · Alawi Kuhali v. Janet Reno Attorney General of the United States · Dalton v. Ashcroft
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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In Padilla , the Supreme Court held that [an alien] criminal defendant’s counsel has an obligation under the Sixth Amendment to inform that defendant whether his plea carries a risk of deportation .... Both this Circuit and, more importantly, the Supreme Court, have long held that deportation and removal are civil proceedings. Padilla itself expressly affirms that “removal proceedings are civil in nature,” and although “deportation is a particularly severe ‘penalty,’ ... it is not, in a strict sense, a criminal sanction.” Given this language, we do not construe Padilla as overturning this Circuit’s prior precedent that “statutes retroactively setting criteria for deportation do not violate the ex post facto clause.””
1 later decision quote this exact passage · from the majority“[a] person is guilty of assault in the second degree when: ... [w]ith intent to cause serious physical injury to another person, he causes such injury to such person or to a third person.”
1 later decision quote this exact passage · from the majoritye.g. Thompson v. Barr“power, violence, or pressure directed against a person or thing,”
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.