Rais v. Holder’s Empirical Analysis
768 F.3d 453 · 2014
Citation profile
3 federal appellate ·
Relationships
Applies 5 U.S.C. § 701 · 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. § 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. § 1255 (§ 245 of the Immigration and Nationality Act of 1952 (McCarran-Walter))
Relies on Citizens to Preserve Overton Park, Inc. v. Volpe · Immigration and Naturalization Service v. Enrico St Cyr · Immigration & Naturalization Service v. Doherty · United States v. Zannino · Xiao Ji Chen v. United States Department of Justice
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Relying on the Second Circuit's opinion in Chen v. U.S. Dep't of Justice , 434 F.3d 144 (2d Cir. 2006), this court defined § 1252(a)(2)(D) to include "constitutional and statutory-construction questions, not discretionary or factual questions" in Almuhtaseb v. Gonzales , 453 F.3d 743 , 748 ( [6th Cir.] 2006). Thus, a petitioner cannot create jurisdiction by alleging "nothing more than a challenge to the [BIA's] discretionary and fact-finding exercises cloaked as a question of law[.]" Abdul v. Holder , 326 F. App'x 344 , 347 (6th Cir. 2009).... After this court decided Almuhtaseb , the Second Circuit revised Chen to expand its definition of "question of law." Chen v. U.S. Dep't of Justice ( Chen II ), 471 F.3d 315 , 326-27, 329 (2d Cir. 2006).... Since Chen II , a circuit split has emerged over whether that term includes only issues of statutory construction and interpretation or also includes mixed questions of law and fact.... This court, however, expressly has declined to expand its definition of "question of law" to include mixed questions of law and fact. Khozhaynova v. Holder , 641 F.3d 187 , 192 (6th Cir. 2011) ("We continue to maintain a more narrow interpretation of our jurisdiction ... and limit review to constitutional or statutory interpretation claims.").”
1 later decision quote this exact passage · from the concurrence“Chen v. U.S. Dep't of Justice ( Chen II ), 471 F.3d 315 , 326-27, 329 (2d Cir. 2006).... Since Chen II , a circuit split has emerged over whether that term includes only issues of statutory construction and interpretation or also includes mixed questions of law and fact.... This court, however, expressly has declined to expand its definition of”
1 later decision quote this exact passage · from the concurrence“has no bearing on the question of whether courts may review the BIA's exercise of its sua sponte authority, for which no chapter of any legislation provides”
1 later decision quote this exact passage · from the concurrencee.g. Gyamfi v. Whitaker
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.