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← 872 F.3d 976 - Hernandez v. Sessions

Hernandez v. Sessions’s Empirical Analysis

872 F.3d 976 · 2017

Citation profile

55
cited by 55 later decisions
2
states following
July 2025
most recently cited

2 federal appellate · 2 district · 4 state decisions

Relationships

Applies 28 U.S.C. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996) · 8 U.S.C. § 1182 (§ 212 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. § 1252 (§ 242 of the Immigration and Nationality Act of 1952 (McCarran-Walter))

Relies on Mathews v. Eldridge · Elrod v. Burns · Griffin v. People of the State of Illinois · Winter v. Natural Resources Defense Council, Inc. · Padilla v. Kentucky

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 55 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “[i]t is well established that the deprivation of constitutional rights unquestionably constitutes irreparable injury.”
    6 later decisions quote this exact passage · from the concurrence
  2. “the private interest at issue here is 'fundamental': freedom from imprisonment is at the 'core of the liberty protected by the Due Process Clause.'”
    3 later decisions quote this exact passage · from the concurrence
  3. “[T]he government's discretion to incarcerate non-citizens is always constrained by the requirements of due process.”
    3 later decisions 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.