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← 699 F.3d 346 - Leiba v. Holder

Leiba v. Holder’s Empirical Analysis

699 F.3d 346 · 2012

Citation profile

12
cited by 12 later decisions
July 2023
most recently cited

7 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. § 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. § 1429 (§ 318 of the Immigration and Nationality Act of 1952 (McCarran-Walter))

Relies on Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc. · Russello v. United States · Barnhart v. Sigmon Coal Co. · Burgess v. United States · Lockhart v. United States

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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “convicted of a crime involving moral turpitude committed within five years ... after the date of admission,” and for which”
    2 later decisions quote this exact passage
  2. “If the term “admitted” in the phrase “previously been admitted” included post-entry adjustment of status to an LPR, as proposed by the government, the first section of the statutory language, “an alien who has previously been admitted to the United States as,” would be superfluous because the definition of “lawfully admitted for permanent residence” encompasses adjustment of status.... Had Congress intended the bar on eligibility to apply to all LPRs, it would have simply omitted this phrase. Furthermore, construing the statute to bar from eligibility only LPRs who entered into the United States in such status is bolstered by the longstanding principle of construing any lingering ambiguities in deportation statutes in favor of the alien.”
    1 later decision quote this exact passage

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.