Baraket v. Holder

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• observing that when resolution of a question is not “necessary for the decision of the case,” it is dictum
• explaining that what “distinguishes holding from dictum” is “whether resolution of the question is necessary for the decision of the case”
• “[I]t is not substantive discussion of a question or lack thereof that distinguishes holding from dictum, but rather whether resolution of the question' is necessary for the decision of the ease.”
• “‘A decision of a panel of this Court is binding unless and until it is overruled by the Court en banc or by the Supreme Court.’” (quoting S & R Co. of Kingston v. Latona Trucking, Inc., 159 F.3d 80, 83 (2d Cir. 1998)

Source: CourtListener parenthetical corpus (CC0).