Marku v. Ashcroft’s Empirical Analysis
380 F.3d 982 · 2004
Citation profile
28 federal appellate ·
How this case has been cited
Cited by 110 later decisions — most recently August 2024 · most notably Zhang v. Gonzales (2005), Silva v. Ashcroft (2005)
28 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))
Relies on Immigration & Naturalization Service v. Elias-Zacarias · Immigration & Naturalization Service v. Stevic · Perkovic v. Immigration & Naturalization Service · Quirino Canedo Ochave and Felicitas Pagador Ochave v. Immigration and Naturalization Service · Carpenters Southern California Administrative Corp. v. J.L.M. Construction Co.
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 110 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“any person who is outside any country of such person’s nationality or, in the case of a person having no nationality, is outside any country in which such person last habitually resided, 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.”
7 later decisions quote this exact passage · from the majority“[i]n order to demonstrate that an applicant has been persecuted on account of a political opinion . . ., it is not enough to present evidence that the applicant had a political opinion. . . . Evidence must be presented which suggests that the applicant was persecuted on account of or because of the political opinion.”
1 later decision quote this exact passage · from the majority“is not expected to provide direct proof of [her alleged persecutor's] motive, but must show ` some evidence of it, direct or circumstantial.'”
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.