94 F. Supp. 2d 177 - Rogowski v. Reno’s Empirical Analysis

Citation profile

1 federal appellate · 4 district ·

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.

1. “The primary risk arises from the twenty percent of criminal aliens who abscond during proceedings. Eighty percent do not abscond. Petitioner asserts that he is not a flight risk. The statute’s flaw is that it does not allow petitioner to substantiate this assertion at a hearing. A hearing presents a readily available, less restrictive means for the government to achieve its purposes .... Due process does not allow attribution to a large, diverse group characteristics demonstrated to be applicable to only a small number.... Detention of aliens and others have been upheld on account of some discretion or the existence of another opportunity for relief.”

   1 later decision quote this exact passage
   e.g. 127 F. Supp. 2d 305 - Small v. Reno

2. “Under § 1226(c), there is no hearing regarding bond. The mandatory detention provision under § 1226(c) is not narrowly tailored to meet the valid legislative goals because it is excessive in relation to the regulatory goal Congress sought to achieve. Giving the Attorney General discretion regarding bond and allowing a hearing on the matter would not defeat Congress’ regulatory goal to limit absconding or committing further criminal acts on the part of the individual subject to the Act.”

   1 later decision quote this exact passage
   e.g. 149 F. Supp. 2d 1027 - Vang v. Ashcroft