Rodriguez-Avalos v. Holder’s Empirical Analysis
780 F.3d 308 · 2015
Citation profile
1 federal appellate ·
Relationships
Applies 18 U.S.C. § 911 · 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. § 1229B (§ 240a 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. · United States v. Mead Corp. · Orellana-Monson v. Holder · Singh v. Gonzales
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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“First, the applicable period may be the 10-year .period coterminous with that used to determine the length of continuous physical presence, which is bounded at the end by service of the charging document [the NTA]. Second, it may be the 10-year period ending on the date that the application for cancellation of removal is first filed with the court. Third, the period may be gauged by looking backward 10 years from the time a final administrative decision is rendered; that is, consistent with our long-established practice, the application would be treated as continuing beyond the date it is filed until a resolution by an Immigration Judge or the Board of Immigration Appeals is completed.”
1 later decision quote this exact passage · from the majority“(A) the alien has been physically present in the United States for a period of at least one year immediately preceding the date the notice to appear was served under section 1229(a) of this title; (B) the alien is, and has been, a person of good moral character for at least 5 years immediately preceding the alien's application for voluntary departure; (C) the alien is not deportable under section 1227(a)(2)(A)(iii) or section 1227(a)(4) of this title; and (D) the alien has established by clear and convincing evidence that the alien has the means to depart the United States and intends to do so.”
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.