Ali v. Ashcroft’s Empirical Analysis
366 F.3d 407 · 2004
Citation profile
20 federal appellate ·
How this case has been cited
Cited by 129 later decisions — most recently September 2023 · most notably Mapouya v. Gonzales (2007), Marku v. Ashcroft (2004)
20 federal appellate ·
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. § 1101 (§ 101 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1254 (§ 244 of the Immigration and Nationality Act of 1952 (McCarran-Walter))
Relies on Immigration & Naturalization Service v. Elias-Zacarias · Immigration & Naturalization Service v. Cardoza-Fonseca · Immigration & Naturalization Service v. Stevic · Ghaly v. Immigration & Naturalization Service · Mikhailevitch 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 129 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“any person who is outside any country of such person’s nationality or, in the case of a person having no nationality, is outside any country in which such person last habitually resided, and who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of, that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.”
3 later decisions quote this exact passage · from the majority“clear probability of persecution,” which is a stricter standard than the”
2 later decisions quote this exact passage · from the majority“demonstrative] that persecution is a reasonable possibility should he be returned to his county of origin. The applicant need not demonstrate that he will probably be persecuted if returned because one can certainly have a well-founded fear of an event happening when there is less than a 50% chance of the occurrence taking place.”
1 later decision quote this exact passage · from the majoritye.g. Kane v. Gonzales
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.