Roy v. Ashcroft’s Empirical Analysis
389 F.3d 132 · 2004
Citation profile
19 federal appellate ·
How this case has been cited
Cited by 250 later decisions — most recently September 2025 · most notably Omari v. Holder (2009), Alim v. Gonzales (2006)
19 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. § 1182 (§ 212 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 Immigration & Naturalization Service v. Elias-Zacarias · Immigration & Naturalization Service v. Stevic · Efe v. Ashcroft · Mikhael v. Immigration & Naturalization Service · Kuang-Te Wang v. Ashcroft
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 250 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“'Torture is defined as any act by which severe pain or suffering ... is intentionally inflicted on a person' ... with the acquiescence of a public official.”
2 later decisions quote this exact passage · from the majority“must demonstrate a 'clear probability' of persecution upon return.”
2 later decisions quote this exact passage · from the majority“... [A]ny act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or her or a third person information or a confession, punishing him or her for an act he or she or a third person has committed or is suspected of having committed, or intimidating or coercing him or her or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.”
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.