Dhuka v. Holder’s Empirical Analysis
716 F.3d 149 · 2013
Citation profile
20 federal appellate · 2 district ·
Relationships
Applies 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. § 1255 (§ 245 of the Immigration and Nationality Act of 1952 (McCarran-Walter))
Relies on Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc. · Skidmore v. Swift & Co. · Immigration & Naturalization Service v. Cardoza-Fonseca · United States v. Mead Corp. · 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 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[flor purposes of [the illegal entry bars], an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled” (emphasis added)); Dhuka v. Holder, 716 F.3d 149 , 156 (5th Cir.2013) (”
3 later decisions quote this exact passage · from the majority“[f]or purposes of section 245(c)(2) of the [INA], the term 'lawful immigration status' will only describe the immigration status of an individual who”
2 later decisions quote this exact passage · from the majority“Under [the Skidmore ] standard, the 'weight of such a judgment in a particular case will depend upon the thoroughness evident in its consideration, the validity of its reasoning, its consistency with earlier and later pronouncements, and all those factors which give it power to persuade, if lacking power to control.’ ” Id. at 154 (quoting Skidmore, 323 U.S. at 140 , 65 S.Ct. 161 ). Single-judge decisions of the BIA and unpublished opinions issued by three-member panels of the BIA are”
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.