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← 388 F.3d 1288 - Shire v. Ashcroft

Shire v. Ashcroft’s Empirical Analysis

388 F.3d 1288 · 2004

Citation profile

69
cited by 69 later decisions
March 2023
most recently cited

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 ·

570200420102020decided

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.

  1. “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 majority
  2. “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 majority
  3. “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 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.