Gebremaria v. Ashcroft’s Empirical Analysis
378 F.3d 734 · 2004
Citation profile
27 federal appellate ·
How this case has been cited
Cited by 43 later decisions — most recently January 2022 · most notably Eta-Ndu v. Gonzales (2005), Etchu-Njang v. Gonzales (2005)
27 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 28 U.S.C. § 2347 · 8 U.S.C. § 1101 (§ 101 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1105A (§ 106 of the Immigration and Nationality Act of 1952 (McCarran-Walter))
Relies on Immigration & Naturalization Service v. Elias-Zacarias · Immigration & Naturalization Service v. Doherty · Immigration & Naturalization Service v. Abudu · Fedaa al Najjar Mazen al Najjar v. John Ashcroft Attorney General US Department of Justice · Becerra-Jimenez 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 43 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“We interpret IIRIRA['s transitional rule] as eliminating our authority under § 2347(c) to remand to the BIA so that an alien can present `additional evidence.' . . . This means that, in transitional cases, IIRIRA prohibits us from ordering the BIA to consider evidence that is offered for the first time on appeal . . . .”
1 later decision quote this exact passage · from the majority“Although acts of violence against an alien’s family members may demonstrate a well-founded fear of persecution, absent a pattern of persecution tied to the asylum applicant himself or herself, acts of violence against family members do not necessarily demonstrate a well-founded fear of persecution.”
1 later decision quote this exact passage · from the majoritye.g. Akhtar v. Gonzales“the court may not order the taking of additional evidence under section 2347(c) of Title 28.”); see also Gebremaria v. Ashcroft 378 F.3d 734, 737 (8th Cir.2004) (”
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.