Menendez v. Whitaker’s Empirical Analysis
908 F.3d 467 · 2018
Citation profile
Relationships
Applies 18 U.S.C. § 16 · 8 U.S.C. § 1101 (§ 101 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. § 1227 (§ 237 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1229B (§ 240a of the Immigration and Nationality Act of 1952 (McCarran-Walter))
Relies on Taylor v. United States · Descamps v. United States · Johnson v. United States · Johnson v. United States · 195 L. Ed. 2d 604 - Mathis v. United States
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“'those involving fraud and those involving grave acts of baseness or depravity.' " Marmolejo-Campos v. Holder , 558 F.3d 903 , 910 (9th Cir. 2009) (en banc) (quoting Carty v. Ashcroft , 395 F.3d 1081 , 1083 (9th Cir. 2005) ); see also, e.g. , Menendez v. Whitaker , 908 F.3d 467 , 472-73 (9th Cir. 2018) ("We have traditionally identified two different types of crimes involving moral turpitude: 'those involving fraud and those involving grave acts of baseness or depravity.' " (quoting Carty , 395 F.3d at 1083 ) ); Mancilla-Delafuente v. Lynch , 804 F.3d 1262 , 1265 (9th Cir. 2015) ("There are two types of possible CIMTs: those involving fraud and those involving grave acts of baseness or depravity.”
1 later decision quote this exact passage · from the majority“a good faith but 'unreasonable' mistaken belief that the victim is eighteen or older still satisfies the [statute's] mens rea requirement,”
1 later decision quote this exact passage · from the majority“create[ ] a 'reasonable probability' of a conviction based on conduct that did not involve moral turpitude.”
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.