Lugo v. Holder’s Empirical Analysis
783 F.3d 119 · 2015
Citation profile
5 federal appellate ·
Relationships
Applies 18 U.S.C. § 4 · 8 U.S.C. § 1229B (§ 240a of the Immigration and Nationality Act of 1952 (McCarran-Walter))
Relies on Immigration and Naturalization Service v. Enrico St Cyr · Padilla v. Kentucky · National Labor Relations Board v. Food Store Employees Union, Local 347 · Jennings v. Rodriguez · Miguel-Miguel 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) whether the case is one of first impression, (2) whether the new rule presents an abrupt departure from well-established practice or merely attempts to fill a void in an unsettled area of law, (3) the extent to which the party against whom the new rule is applied relied on the former rule, (4) the degree of the burden which a retroactive order places on a party, and (5) the statutory interest in applying a new rule despite the reliance of a party on the old standard.”
2 later decisions quote this exact passage · from the concurrence“Originally, in [1966], the Board held that misprision of felony was not a CIMT. The Eleventh Circuit then adopted the contrary rule in Itani v. Ashcroft, 298 F.3d 1213 , 1216 (11th Cir. 2002), holding that misprision of felony is a categorical CIMT. The Board switched to the Eleventh Circuit’s view in Matter of Robles-Urrea, but the Board’s decision in that case was reversed by the Ninth Circuit. Robles-Urrea v. Holder, 678 F.3d 702 , 711 (9th Cir. 2012) (holding that misprision of felony is not a CIMT). We are thus left to wonder whether,- going forward, the Board wishes to adopt the Ninth Circuit’s rule or the Eleventh Circuit’s. We believe it is desirable for the Board to clarify this matter in a published opinion. 39”
1 later decision quote this exact passage · from the majority“should automatically be assumed to have relied on existing rules limiting deportation at the time she pled guilty.”
1 later decision quote this exact passage · from the concurrencee.g. Obeya v. Sessions
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.