De Xin Wang v. Ashcroft’s Empirical Analysis
367 F.3d 25 · 2004
Citation profile
17 federal appellate · 1 district ·
How this case has been cited
Cited by 38 later decisions — most recently December 2020 · most notably Aguilar v. United States Immigration & Customs Enforcement Division of the Department of Homeland Security (2007), Raza v. Gonzales (2007)
17 federal appellate · 1 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
Relies on LOZADA · Azanor v. Ashcroft · Sims v. Singletary · Guzman v. Immigration & Naturalization Service · Fesseha 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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“An abuse of discretion will be found where the BIA misinterprets the law, or acts either arbitrarily or capriciously.”
4 later decisions quote this exact passage · from the majority“Given the sheer volume of ineffective assistance of counsel claims asserted by deportable aliens, the BIA has developed threshold procedural requirements to enable the efficient screening of frivolous, collusive or dilatory claims.”
2 later decisions quote this exact passage · from the majoritye.g. Gicharu v. Carr · Asaba v. Ashcroft“(1) an affidavit describing in detail the agreement between the alien and his counsel regarding the litigation matters the attorney was retained to address; (2) evidence that the alien informed his counsel as to the alien’s ineffective assistance allegations and afforded counsel an opportunity to respond; and (3) evidence that the alien had either filed a complaint with the appropriate disciplinary authority regarding the attorney’s ethical or legal misfeasance, or a valid excuse for failing to lodge such a complaint.”
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.