Ustyan v. Ashcroft’s Empirical Analysis
367 F.3d 1215 · 2004
Citation profile
6 federal appellate ·
Relationships
Applies 8 U.S.C. § 1253 (§ 243 of the Immigration and Nationality Act of 1952 (McCarran-Walter))
Relies on Immigration & Naturalization Service v. Elias-Zacarias · Fedaa al Najjar Mazen al Najjar v. John Ashcroft Attorney General US Department of Justice · Melkonian v. Ashcroft · Hang Kannha Yuk v. Ashcroft · Canas-Segovia 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“That is, when a refusal to fight for a group — which, per Elias-Zacarias , is not in itself enough to attribute a political character to attendant coercive or punitive acts by that group — is the only predicate for an alleged imputation of a political stance (loyalty to an opposing group), acceptance of an imputed-opinion claim would effectively elevate the refusal to fight into an actionable basis for asylum.”
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.