Abay v. Ashcroft’s Empirical Analysis
368 F.3d 634 · 2004
Citation profile
44 federal appellate ·
How this case has been cited
Cited by 127 later decisions — most recently September 2023 · most notably Mohammed v. Gonzales (2005), Shi Liang Lin v. United States Department of Justice (2007)
44 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 18 U.S.C. § 116 (§ 645 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996) · 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. § 1229B (§ 240a of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1253 (§ 243 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 · Ramsameachire v. Ashcroft · Mikhailevitch v. Immigration & Naturalization Service · Soadjede 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 127 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Forced female genital mutilation involves the infliction of grave harm constituting persecution on account of membership in a particular social group that can form the basis of a successful claim for asylum.”
11 later decisions quote this exact passage · from the majority“(1) he [] “has a fear of persecution in his [ ] country of nationality ... on account of [] membership in a particular social group, or political opinion;” (2) “There is a reasonable possibility of suffering such persecution if he [ ] were to return to that country;” and (3) “He [ ] is unable or unwilling to return to, or avail himself [ ] of the protection of, that country because of such fear.””
3 later decisions quote this exact passage · from the majority“any person who is outside any country of such person’s nationality ... and who is unable or unwilling to return to, and is unable or unwilling to avail himself ... 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 group, or political opinion....””
3 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.