Kaiser v. Ashcroft’s Empirical Analysis
390 F.3d 653 · 2004
Citation profile
15 federal appellate ·
How this case has been cited
Cited by 69 later decisions — most recently March 2021 · most notably Tamang v. Holder (2010), Sowe v. Mukasey (2008)
15 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. § 1105A (§ 106 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)) · 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. Cardoza-Fonseca · Ghaly v. Immigration & Naturalization Service · Saideh Fisher v. Immigration and Naturalization Service · Prasad 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 69 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“adjudicators should consider, but are not limited to considering, whether the applicant would face other serious harm in the place of suggested relocation; any ongoing civil strife within the country; administrative, economic, or judicial infrastructure; geographical limitations; and social and cultural constraints, such as age, gender, health, and social and familial ties. These factors may, or may not, be relevant, depending on all the circumstances of the case, and are not necessarily determinative of whether it would be reasonable for the applicant to relocate.”
1 later decision quote this exact passage · from the majoritye.g. Afriyie v. Holder“Because Kaiser and his family have a well-founded fear of persecution in Pakistan ... we grant the petition with respect to Petitioners' asylum claim and remand to the BIA.”
1 later decision quote this exact passage · from the majority“it is more probable than not that they will face persecution on account of a protected ground upon their deportation.”
1 later decision quote this exact passage · from the majoritye.g. Singh v. Whitaker
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.