El Moraghy v. Ashcroft’s Empirical Analysis
331 F.3d 195 · 2003
Citation profile
76 federal appellate · 3 district ·
How this case has been cited
Cited by 123 later decisions — most recently July 2024 · most notably Dia v. Ashcroft (2003), Yu Sheng Zhang v. United States Department of Justice (2004)
76 federal appellate · 3 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
Applies 8 U.S.C. § 1158 (§ 208 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 Immigration & Naturalization Service v. Elias-Zacarias · Securities and Exchange Commission v. Chenery Corporation Same · Arkansas v. Oklahoma · Aguilar-Solis v. Immigration & Naturalization Service · Albathani v. Immigration & Naturalization Service
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 123 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The absence of reasoned discussion of past persecution undercuts any meaningful review of the IJ’s fear of future prosecution finding, because we do not know whether El Moraghy should have had the benefit of the regulatory presumption of fear of persecution based on prior events.”
4 later decisions quote this exact passage · from the majoritye.g. Un v. Gonzáles · Twum v. Barr“appear[ed] to have employed the country condition reports solely as a test of direct corroboration, rather than for the purposes of providing context and generalized credibility assessment.”
2 later decisions quote this exact passage · from the majority“(1) by demonstrating past persecution, thus creating a presumption of a well-founded fear of persecution; or (2) by demonstrating a well-founded fear of persecution.”
2 later decisions quote this exact passage · from the majoritye.g. Twum v. Barr · Lin Qin v. Ashcroft
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.