Hernandez v. Sabol’s Empirical Analysis
2011
Citation profile
2 federal appellate · 1 district ·
Relationships
Applies 28 U.S.C. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996) · 8 U.S.C. § 1101 (§ 101 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1103 (§ 103 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1226 (§ 236 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))
Relies on Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc. · Zadvydas v. Davis · Demore District Director San Francisco District of Immigration and Naturalization Service et al. v. Kim · Negusie v. Holder · Diop v. Ice/Homeland Security
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.
“we must defer to the BIA’s construction under Chevron for these reasons, and because this Court finds the BIA’s decision in Rojas to be controlling, the challenge by Hernandez to the timeliness of when he was taken into custody fails, and he is properly subject detained pursuant to 8 U.S.C. § 1226 (c). the BIA’s interpretation of § 1226(c) in Rojas was reasonable, and must be afforded deference. Moreover, the Government’s supposed failure to comply with a statutory requirement — when the statute does not specify a consequence for such noncompliance — does not bestow a windfall upon criminal aliens.”
1 later decision quote this exact passage“(1) whether the detention has continued beyond the average times necessary for completion of removal proceedings which were identified in Demore 8 ; (2) the probable extent of future removal proceedings; (3) the likelihood that removal proceedings will actually result in removal; and (4) the conduct of both the alien and the government during the removal proceedings.”
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.