Hernandez-Barrera v. Ashcroft’s Empirical Analysis
373 F.3d 9 · 2004
Citation profile
33 federal appellate ·
How this case has been cited
Cited by 55 later decisions — most recently July 2024 · most notably Antipova v. United States Attorney General (2004), Yi-Tu Lian v. Ashcroft (2004)
33 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. § 1231 (§ 241 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1251 (§ 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)) · 8 U.S.C. § 1255 (§ 245 of the Immigration and Nationality Act of 1952 (McCarran-Walter))
Relies on Immigration & Naturalization Service v. Elias-Zacarias · Securities and Exchange Commission v. Chenery Corporation Same · Immigration & Naturalization Service v. Stevic · Aguilar-Solis v. Immigration & Naturalization Service · Albathani 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 55 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The absence of reasoned discussion of past persecution undercuts any meaningful review of the IJ’s fear of future prosecution finding, because we do not know whether El Moraghy should have had the benefit of the regulatory presumption of fear of persecution based on prior events.”
5 later decisions quote this exact passage · from the majoritye.g. Un v. Gonzáles · Twum v. Barr“applicant may be granted asylum based on past persecution alone if 1) the applicant has demonstrated compelling reasons for being unwilling or unable to return to his country of nationality or last habitual residence; or 2) the applicant has established that there is a reasonable possibility that he may suffer other serious harm on return to that country.”
1 later decision quote this exact passage · from the majority“In this case, it is by no means clear that the BIA accepted [Twum's] past persecution claim, applied a regulatory presumption of a well-founded fear of persecution, and concluded that evidence of changed circumstances refuted that presumption.”
1 later decision quote this exact passage · from the majoritye.g. Twum v. Barr
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.