Mejia v. Sessions’s Empirical Analysis
866 F.3d 573 · 2017
Citation profile
3 federal appellate ·
Relationships
Applies 8 U.S.C. § 1158 (§ 208 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. § 1225 (§ 235 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. § 1229C (§ 240b 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)) · 8 U.S.C. § 1255 (§ 245 of the Immigration and Nationality Act of 1952 (McCarran-Walter))
Relies on Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc. · United States v. Olano · Immigration & Naturalization Service v. Cardoza-Fonseca · Immigration and Naturalization Service v. Enrico St Cyr · Immigration & Naturalization Service v. Stevic
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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“An application for asylum of an alien may be considered, notwithstanding subparagraphs (B) and (C) , if the alien demonstrates to the satisfaction of the Attorney General either the existence of changed circumstances which materially affect the applicant's eligibility for asylum or extraordinary circumstances relating to the delay in filing an application within the period specified in subparagraph (B) .”
2 later decisions quote this exact passage · from the majority“We apply the general-specific rule of construction to statutes in which a general permission is contradicted by a specific prohibition. These provisions readily fall within these categories: § 1158(a)(1) contains a general permission-allowing any alien to apply for asylum-that is contradicted by § 1231(a)(5) 's specific prohibition-forbidding individuals subject to reinstated orders of removal from seeking relief. Thus, in order to eliminate the contradiction, we construe § 1231(a)(5) to serve as a specific exception to § 1158(a)(1) 's general grant of eligibility to apply for asylum.”
1 later decision quote this exact passage · from the concurrence“), Pub. L. No. 104-208, 110 Stat. 3009 - 546, Congress unequivocally intended to categorically prohibit aliens subject to reinstated orders of removal from seeking asylum. See id. at 586-87. We explained that this view of the interplay between § 1158(a)(1) and § 1231(a)(5) not only gave effect to both statutes, but was also consistent with Congress's purpose in enacting the reinstatement bar-”
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.