Sauceda v. Lynch’s Empirical Analysis
819 F.3d 526 · 2016
Citation profile
7 federal appellate ·
Relationships
Applies 8 U.S.C. § 1182 (§ 212 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1227 (§ 237 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. § 1229B (§ 240a of the Immigration and Nationality Act of 1952 (McCarran-Walter))
Relies on Taylor v. United States · Shepard v. United States · Gonzales v. Duenas-Alvarez · Descamps v. United States · Chambers v. United States
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he alien has the burden of proof to establish that he satisfies the applicable eligibility requirements in order to prove that any grounds for denial do not apply. When an alien’s prior conviction is at issue, the offense of conviction itself is a factual determination, not a legal one. However, determining whether that conviction is a particular type of generic offense is a legal question.” (emphasis added);(citations omitted)). 7 . Section 1101(a)(48)(A) provides: The term”
1 later decision quote this exact passage · from the majority“Because we examine what the state conviction necessarily involved, not the facts underlying the case, we must presume that the conviction 'rested upon [nothing] more than the least of th[e] acts ' criminalized, and then determine whether even those acts are encompassed by the generic federal offense.”
1 later decision quote this exact passage · from the majority“it is undisputed that all the Shepard documents have been produced and that they shed no light on the nature of the ... conviction, the Moncrieffe presumption [ ] stand[s] since it cannot be rebutted.”
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.