Akinsade v. Holder’s Empirical Analysis

Citation profile

6 federal appellate · 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[i]n determining whether a crime is a crime involving moral turpitude, we apply either a categorical or a modified categorical approach. Under the categorical approach, we look only to the minimum criminal conduct necessary to satisfy the essential elements of the crime, not the particular circumstances of the defendant's conduct .... When the criminal statute at issue encompasses some classes of criminal acts that fall within the * federal definition of [moral turpitude] and some classes that do not fall within the definition, the statute is considered divisible .... If a statute is divisible a court, proceeding under the modified categorical approach, may refer to the record of conviction to determine whether a petitioner's conviction was under the branch of the statute that proscribes removable offenses.”

   1 later decision quote this exact passage · from the majority
   e.g. St. Juste v. Comm'r of Corr.

2. “In his plea colloquy, ... Wala “actually admitted” to facts establishing that he was convicted of a burglary with the intent to commit a larceny. Wala did not admit, however, to taking these items with the intent to appropriate them permanently. Wala, moreover, was not charged with committing a permanent taking; the charging document does not specifically name the intended crime associated with his burglary conviction.... However improbable, Wala could have been taking the jewelry with the intent to loan it to his girlfriend for one “night on the town” and then return it. Or, he could have been taking the credit cards with the intent to use them for a one-time identification purpose. The point is that either would have been sufficient to sustain Wala’s guilty plea and conviction ____”

   1 later decision quote this exact passage · from the majority
   e.g. Patel v. Holder

3. “With respect to guilty pleas, under the modified categorical approach as applied to immigration proceedings, the [Board of Immigration Appeals] may rely only upon facts to which a defendant necessarily pleaded in order to determine the type of conduct that represented the basis of an alien's conviction .... * [T]he necessarily pleaded language refers not just to whether a petitioner [pleaded] guilty to elements of the underlying ... offense, but also to whether by pleading guilty, he [pleaded] those facts necessary to establish that he violated a divisible statute in a manner that satisfies the grounds for removal.”

   1 later decision quote this exact passage · from the majority
   e.g. St. Juste v. Comm'r of Corr.