Doherty v. Thornburgh’s Empirical Analysis
943 F.2d 204 · 1991
Citation profile
5 federal appellate · 12 district ·
How this case has been cited
Cited by 63 later decisions (1 by the Supreme Court) — most recently May 2019 · most notably Immigration & Naturalization Service v. Doherty (1992), Lowrance v. Achtyl (1994)
5 federal appellate · 12 district ·
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Rochin v. People of California · Yick Wo v. Hopkins · Plyler v. Doe · Palko v. State of Connecticut · Patterson 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 63 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“It is axiomatic, however, that an alien’s right to be at liberty during the course of deportation proceedings is circumscribed by considerations of the national interest. Control over matters of ■immigration and naturalization is the “inherent and inalienable right of every sovereign and independent nation.” ... Under the United States Constitution, such control is vested in the political branches of government.... Congressional power in this area is plenary, subject to only limited judicial review. ... In exercising its broad power over immigration and naturalization, “Congress regularly makes rules that would be unacceptable if applied to citizens.” ... Governmental conduct that may be considered “shocking” when it serves to deprive the life, liberty or property of a citizen may not be unconstitutional when directed at an alien.”
1 later decision quote this exact passage · from the majority“, provides in full: The removal period shall be extended beyond a period of 90 days and the alien may remain in detention during such extended period if the alien fails or refuses to make timely application in good faith for travel or other documents necessary to the alien's departure or conspires or acts to prevent the alien's removal subject to an order of removal. 4 . The Fifth Amendment provides that “No person shall ... be deprived of life, liberty or property without due process of law.” U.S. Const, amend. V (emphasis added). The term person”
1 later decision quote this exact passage · from the majority“Moreover, from the outset of his detention, Doherty has possessed, in effect, the key that unlocks his prison cell. That is, if Doherty had agreed to deportation in the first place, he would not have been detained at MCC for the past eight years.... Because deportation was less attractive to him than his present course and because he has availed himself of the statutory mechanisms provided for aliens facing deportation, Doherty is subject to the countervailing measures Congress has enacted to ensure the protection of national interests.”
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.