Padilla-Ramirez v. Bible’s Empirical Analysis
862 F.3d 881 · 2017
Citation profile
1 district ·
Relationships
Applies 28 U.S.C. § 1291 · 8 U.S.C. § 1101 (§ 101 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. § 1231 (§ 241 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 American Tobacco Co. v. Patterson · Zadvydas v. Davis · Department of the Interior and Bureau of Indian Affairss v. Klamath Water Users Protective Association · Castellano-Chacon v. Immigration & Naturalization Service · Lanza 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“First, a removal order undoubtedly is administratively final when it first is executed; if it is reinstated from its original date, it stands to reason that it retains the same administrative finality because section 1231(a)(6) proscribes any challenge that might affect that status. Second, the reinstatement provision is located in the same section of the Act, tellingly entitled “Detention and removal of aliens ordered removed,” id, § 1231 (emphasis added), as the detention authority that the government claims in this case. This placement suggests that Congress meant for the detention of aliens subject to reinstated removal orders to be' governed, by that section, which would require that such orders be administratively final. The fact that the reinstatement provision appears among section 1231 (a)’s detention and supervision provisions further bolsters this inference. Id. § 1231(a)(2)-(3),(6).”
1 later decision quote this exact passage · from the majority“Withholding-only proceedings do not, however, purport to override section 1231(a)(5)’s prohibition on reopening or reviewing a reinstated order.... At most, a grant of withholding will only inhibit the order’s execution with respect to a particular country. Even if [petitioner] were to prevail on his application, he still would be subject to removal pursuant to the reinstated order — the government simply would have to seek an alternate country to receive him. .”
1 later decision quote this exact passage · from the majority“The statute does not speak to the case of whether the alien is theoretically removable but rather to whether the alien will actually be removed. An alien subject to a reinstated removal order is clearly removable, but the purpose of withholding-only proceedings is to determine precisely whether “the alien is to be removed from the United States.” 8 U.S.C. § 1226 (a).”
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.