Shire v. Ashcroft’s Empirical Analysis
388 F.3d 1288 · 2004
Citation profile
11 federal appellate ·
How this case has been cited
Cited by 69 later decisions — most recently March 2023 · most notably Don v. Gonzales (2007), Liti v. Gonzales (2005)
11 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. § 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. § 1252 (§ 242 of the Immigration and Nationality Act of 1952 (McCarran-Walter))
Relies on Shobna Chandar Lata v. Immigration and Naturalization Service · Abderrahman Chebchoub v. Immigration and Naturalization Service · Saideh Fisher v. Immigration and Naturalization Service · Molina-Estrada v. Immigration & Naturalization Service · Abdul Hakeem v. Immigration and 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 69 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“and could not support an adverse credibility determination). 42 Here, the IJ failed to state why the hiring date inconsistency is relevant to Don's asylum claim or even whether it reveals anything about his fear for his safety. The hiring date of the cook had absolutely no significance to Don at the time it occurred. Don would have had no reason whatsoever to remember the hiring date, because the date only acquired any significance in the course of these asylum proceedings. Thus, it is clear that in making the adverse credibility finding, the IJ impermissibly”
1 later decision quote this exact passage · from the majoritye.g. Don v. Gonzales“Moreover, `speculation and conjecture cannot form the basis of an adverse credibility finding, which must instead be based on substantial evidence.'”
1 later decision quote this exact passage · from the majoritye.g. Mapouya v. Gonzales“if discrepancies cannot be viewed as attempts by the applicant to enhance his claims of persecution, they have no bearing on credibility.”
1 later decision quote this exact passage · from the majoritye.g. Mapouya 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.