De Brenner v. Ashcroft’s Empirical Analysis
388 F.3d 629 · 2004
Citation profile
28 federal appellate ·
How this case has been cited
Cited by 41 later decisions — most recently February 2025 · most notably Zhang v. Gonzales (2005), Sanchez Jimenez v. U.S. Attorney General (2007)
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. Ventura · Sangha v. Immigration & Naturalization Service · Borja v. Immigration & Naturalization Service · Osorio 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 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“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.”
2 later decisions quote this exact passage · from the majority“the Shining Path guerrillas expressly named Ms. De Brenner as a member and supporter of the APRA [a political party], accused her family of supporting the government, and mistakenly singled her out as an actual worker for the APRA (alleging that she was employed as the personal secretary of the Director of the Mineral Bank who was a senior, active member of the APRA).”
1 later decision quote this exact passage · from the majority“it does not matter if the applicant actually holds the political opinion that the persecutor attributes to [him]. Rather, we consider the political views the persecutor rightly or in error attributes to [a] victim[ ].”
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.