Wiransane v. Ashcroft’s Empirical Analysis
366 F.3d 889 · 2004
Citation profile
19 federal appellate ·
How this case has been cited
Cited by 104 later decisions — most recently March 2023 · most notably Li v. Attorney General of the United States (2005), Uanreroro v. Gonzales (2006)
19 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. § 1158 (§ 208 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1229C (§ 240b of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1231 (§ 241 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. Cardoza-Fonseca · Immigration & Naturalization Service v. Ventura · Secaida-Rosales v. Immigration & Naturalization Service · Chen Yun Gao v. Ashcroft · Dia v. Ashcroft
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 104 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) Past threat to life or freedom, (i) If the applicant is determined to have suffered past persecution in the proposed country of removal on account of race, religion, nationality, membership in a particular social group, or political opinion, it shall be presumed that the applicant’s life or freedom would be threatened in the future in the country of removal on the basis of the original claim. This presumption may be rebutted if an asylum officer or immigration judge finds by a preponderance of the evidence: (A) There has been a fundamental change in circumstances such that the applicant’s life or freedom would not be threatened on account of any of the five grounds mentioned in this paragraph upon the applicant’s removal to that country; or (B) The applicant could avoid a future threat to his or her life or freedom by relocating to another part of the proposed country of removal and, under all the circumstances, it would be reasonable to expect the applicant to do so.”
6 later decisions quote this exact passage · from the majority“Restriction on removal was referred to as 'withholding of removal’ before amendments to the INA made by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA).... Although both parties and the IJ refer to withholding of removal, for the sake of accuracy, and because this claim was filed after IIRIRA’s effective date, we will use the term 'restriction on removal' throughout this opinion.”
4 later decisions quote this exact passage · from the majority“[W]e have held that a finding of persecution 'requires the infliction of suffering or harm upon those who differ (in race, religion, or political opinion) in a way regarded as offensive' and must entail ‘more than just restrictions on threats to life and liberty’ ”
2 later decisions 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.