Hernandez v. Lynch’s Empirical Analysis
825 F.3d 266 · 2016
Citation profile
4 federal appellate ·
Relationships
Applies 8 U.S.C. § 1229 (§ 239 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. § 1252 (§ 242 of the Immigration and Nationality Act of 1952 (McCarran-Walter))
Relies on Ontunez-Tursios v. Ashcroft · Gomez-Palacios v. Holder · GRIJALVA · Lopes v. Gonzales · Joshi v. Ashcroft
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[W]hen service is furnished via regular mail, an alien's statement in an affidavit that is without evidentiary flaw may be sufficient to rebut the presumption of effective service.”
3 later decisions quote this exact passage · from the majority“Where the correspondence is sent by regular mail, and where there is no other evidence that the petitioner was attempting to avoid proceedings, the petitioner's statement that he or she did not receive the correspondence is sufficient evidence that mail delivery failed.”
2 later decisions quote this exact passage · from the majority“None of this is to say ... that the BIA should not weigh the credibility of an affidavit in determining whether an alien has rebutted the presumption of notice. ... [I]t should.”
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.