Castendet-Lewis v. Sessions’s Empirical Analysis
855 F.3d 253 · 2017
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. § 1227 (§ 237 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1228 (§ 238 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 Taylor v. United States · Descamps v. United States · 195 L. Ed. 2d 604 - Mathis v. United States · Carachuri-Rosendo v. Holder · Smith 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“If any person in the nighttime enters without' breaking or in the daytime breaks and enters or enters and conceals himself in a dwelling house or an adjoining, occupied outhouse or in the nighttime enters without breaking or at any time breaks and enters or enters and conceals himself in any building permanently affixed to realty, or any ship, vessel or river craft or any railroad car, or any automobile, truck or trailer, if such automobile, truck or trailer is used as a dwelling or place of human habitation, with intent to commit murder, rape, robbery or arson ... he shall be deemed guilty of statutory burglary....”
1 later decision quote this exact passage · from the majority“Fost-Mathis, however, it is clear that the locational aspect of section 18.2-90 enumerates “diverse means of satisfying a single element of a single crime.” Our conclusion stems from the clear language of section 18.2-90, which provides a list of locations — each of which would qualify as an element of statutory burglary. Moreover, the Supreme Court of Virginia appears to view the locational terms of' section 18.2-90 interchangeably.”
1 later decision quote this exact passage · from the majority“compare the elements of the statute forming the basis of the defendant's conviction with the elements of the 'generic' crime, i.e. , the offense as commonly understood.”
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.