Public-domain · open source
OpenJurist
← 797 FSUPP 186 - Hamaya v. McElroy

Hamaya v. McElroy’s Empirical Analysis

1992

Citation profile

5
cited by 5 later decisions
September 1996
most recently cited

Relationships

Applies 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. § 1251 (§ 241 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))

Relies on Mathews v. Eldridge · Goldberg v. Kelly · Shaughnessy v. United States Ex Rel. Mezei · Kleindienst v. Mandel · Landon v. Plasencia

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

  1. “In order to avoid confusion, the court emphasizes that its decision does not bestow the right to a full parole hearing on every alien seeking admission to the United States. As the foregoing discussion ... makes clear, today the court decides only that under the circumstances, Hamaya’s status as a returning resident alien entitles him to a full hearing on the issue of parole into the country.”
    1 later decision quote this exact passage · from the dissent
  2. “To regard the fact of apparent excludability — a fact necessarily common to every detained alien seeking parole under section 212 — as a reason for denying release is to turn logic on its head. It would deprive the regulation of all meaning, creating an administrative Catch-22 in which no release could ever qualify as “strictly in the public interest.””
    1 later decision 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.