Deloso v. Ashcroft’s Empirical Analysis
378 F.3d 907 · 2004
Citation profile
3 federal appellate ·
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. § 1251 (§ 241 of the Immigration and Nationality Act of 1952 (McCarran-Walter))
Relies on Immigration & Naturalization Service v. Elias-Zacarias · Immigration & Naturalization Service v. Ventura · Falcon Carriche v. Ashcroft · Nagoulko v. Immigration & Naturalization Service · Sangha 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“First, the applicant can show past persecution on account of a protected ground. Once past persecution is demonstrated, then fear of future persecution is presumed, and the burden shifts to the government to show, by a preponderance of the evidence, that “there has been a fundamental change in circumstances such that the applicant no longer has a well-founded fear of persecution,” or “[t]he applicant could avoid future persecution by relocating to another part of the applicant’s country.” An applicant may also qualify for asylum by actually showing a well-founded fear of future persecution, again on account of a protected ground.”
1 later decision quote this exact passage · from the majoritye.g. Mansour v. Ashcroft“[A]n applicant need only produce evidence from which it is reasonable to believe that the harm was motivated, at least in part, by a protected ground.”
1 later decision quote this exact passage · from the majoritye.g. Ochoa v. Gonzales
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.