Le v. Lynch’s Empirical Analysis
819 F.3d 98 · 2016
Citation profile
4 federal appellate ·
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. § 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)) · 8 U.S.C. § 1255 (§ 245 of the Immigration and Nationality Act of 1952 (McCarran-Walter))
Relies on Descamps v. United States · Moncrieffe v. Holder · Mikhael v. Immigration & Naturalization Service · Orellana-Monson v. Holder · Carbajal-Gonzalez v. Immigration & Naturalization Service
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.
“[T]he alien, not the Government, bears the initial burden of production of evidence that he is eligible for discretionary relief.”
2 later decisions quote this exact passage“Presentation of an inconclusive record of conviction is insufficient to meet an alien's burden of demonstrating eligibility.”
2 later decisions quote this exact passage“[n]otwithstanding the inconclusive evidence in the instant case, ... the burden remains on [the petitioner] to prove eligibility for relief from removal.” But there, the ambiguity did not rest on a divisible statute, and the court declined to decide "whether Moncrieffe affected how courts should apply the modified categorical approach to determine whether a prior conviction disqualifies a noncitizen from relief from removal when the record of conviction is ambiguous as to whether the elements of the crime correspond to a disqualifying offense.” Id. at 107 n.5. 5 . Amici also contend that Young is clearly irreconcilable with Moncrieffe because of the latter’s statement that ”[t]hp categorical approach was designed to avoid” inconsistent treatment of “two noncitizens ... ‘convicted of’ the same offense.”
1 later decision quote this exact passage
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.