Afful v. Ashcroft’s Empirical Analysis
380 F.3d 1 · 2004
Citation profile
19 federal appellate · 7 district · 1 state decisions
How this case has been cited
Cited by 37 later decisions — most recently March 2020 · most notably Singh v. Gonzales (2005), Castillo-Diaz v. Holder (2009)
19 federal appellate · 7 district · 1 state decisions
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.
Appellate journey
Relationships
Applies 8 U.S.C. § 1159 (§ 209 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1182 (§ 212 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. § 1254 (§ 244 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 · Immigration & Naturalization Service v. Abudu · Fedaa al Najjar Mazen al Najjar v. John Ashcroft Attorney General US Department of Justice · Anant Ram v. Immigration and Naturalization Service · Aguilar-Solis 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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(5) TRANSITIONAL RULE WITH REGARD TO SUSPENSION OF DEPORTATION.—Paragraphs (1) and (2) of section 240A(d) of the Immigration and Nationality Act (relating to continuous residence or physical presence) shall apply to notices to appear issued before, on, or after the date of the enactment of this Act.”
2 later decisions quote this exact passage · from the majority“An application is pretermitted when disqualified for failüre to meet the threshold eligibility requirement that an alien have resided in the -United States -for a sufficient period of time to obtain the discretionary relief of suspension of deportation.” Afful, 380 F.3d at 6 .”
2 later decisions quote this exact passage · from the majority“The term “refugee” means (A) 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 or herself 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 social group, or political opinion. ...”
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.