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← 751 F. Supp. 2d 122 - Fox v. Clinton

751 F. Supp. 2d 122 - Fox v. Clinton’s Empirical Analysis

2010

Citation profile

3
cited by 3 later decisions
June 2012
most recently cited

1 federal appellate · 1 district ·

Relationships

Applies 28 U.S.C. § 1331 · 5 U.S.C. § 702 · 5 U.S.C. § 704 · 5 U.S.C. § 706 · 8 U.S.C. § 1481 (§ 349 of the Immigration and Nationality Act of 1952 (McCarran-Walter))

Relies on Bell Atlantic Corp. v. Twombly · Ashcroft v. Iqbal · Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics · Citizens to Preserve Overton Park, Inc. v. Volpe · Motor Vehicle Manufacturers Association of United States Inc v. State Farm Mutual Automobile Insurance Company Consumer Alert

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

  1. “The Department of State cannot issue Mr. Fox a [CLN] on the basis of Section 349(a)(1) of the [INA] due simply to the fact that he has heretofore not demonstrated that he has naturalized as a citizen of a foreign state “upon his own application____” The evidence presented to date only establishes that Mr. Fox applied for permanent residence in Israel. The statute is unambiguous in requiring the U.S. citizen to apply for naturalization in order to fall within the purview of this section of the law. While you are correct in asserting that Section 349(a)(2) of the INA does not require the oath of allegiance to be in writing, we do require evidence that is both objective and independent that a meaningful oath of allegiance has been taken. The oath that you allege that Mr. Fox has orally taken is administered to individuals who naturalize as Israeli citizens pursuant to paragraph five of the Israeli Citizenship Law of 1952. The Israeli citizenship certificate issued to your client clearly indicates that he acquired citizenship in accordance with paragraph 2. Citizenship acquired in accordance with this section of the law does not appear to require the taking of an oath of allegiance.”
    2 later decisions quote this exact passage · from the majority
  2. “(1) obtaining naturalization in a foreign state upon his own application or upon an application filed by a duly authorized agent, after having attained the age of eighteen years; or (2) taking an oath or making an affirmation or other formal declaration of allegiance to a foreign state or a political subdivision thereof, after having attained the age of eighteen years....”
    2 later decisions quote this exact passage · from the dissent

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.