Ching v. Mayorkas’s Empirical Analysis
725 F.3d 1149 · 2013
Citation profile
6 district ·
Relationships
Applies 6 U.S.C. § 271 · 8 U.S.C. § 1154 (§ 204 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1229A (§ 240 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)) · 8 U.S.C. § 1325 (§ 275 of the Immigration and Nationality Act of 1952 (McCarran-Walter))
Relies on Board of Regents of State Colleges v. Roth · Mathews v. Eldridge · Morrissey v. Brewer · Goldberg v. Kelly · Meyer v. State of Nebraska
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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[G]rant of an I-130 petition for immediate relative status is a nondiscretionary decision. Immediate relative status for an alien spouse is a right to which citizen applicants are entitled as long as the petitioner and spouse beneficiary meet the statutory and regulatory requirements for eligibility. This protected interest is entitled to the protections of due process.”
4 later decisions quote this exact passage · from the majoritye.g. Tkacz v. Duke · Zizi v. Bausman“) ] shall , if he determines that the facts stated in the petition are true and that the alien on behalf of whom the petition is made is an immediate relative[,] ... approve the petition ....'”
3 later decisions quote this exact passage · from the majority“The right to live with and not be separated from one's immediate family is 'a right that ranks high among the interests of the individual.'”
2 later decisions 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.