Da Silva Neto v. Holder’s Empirical Analysis
680 F.3d 25 · 2012
Citation profile
9 federal appellate · 3 state decisions
Relationships
Applies 8 U.S.C. § 1101 (§ 101 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 Jordan v. De George · Gonzales v. Duenas-Alvarez · SILVA-TREVINO · Jean-Louis v. Attorney General of the United States · Rodriguez-Herrera v. Immigration & Naturalization Service
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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"conduct that shocks the public conscience as being inherently base, vile, or depraved, and contrary to the accepted rules of morality and the duties owed between persons or to society in general," or, in other words, "an act which is per se morally reprehensible and intrinsically wrong" and is "accompanied by a vicious motive or a corrupt mind."”
1 later decision quote this exact passage · from the majoritye.g. Pena v. Sessions“could ... 'be inferred if the act [was] merely wrongfully done without just cause or excuse,' " whereas malice under the malicious destruction of property statute entailed, "[i]n addition to the intent to inflict injury to property, ... a state of mind infused with cruelty, hostility or revenge.”
1 later decision quote this exact passage · from the majoritye.g. Pena v. Sessions“establish that: (1) he has been physically present in the United States for a continuous period of not less than ten years; (2) he has not been convicted of certain enumerated crimes; ... (3) his removal would result in exceptional and extremely unusual hardship to a qualifying family member[,]”
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.