Berte v. Ashcroft’s Empirical Analysis
396 F.3d 993 · 2005
Citation profile
24 federal appellate ·
How this case has been cited
Cited by 37 later decisions — most recently March 2021 · most notably Ming Ming Wijono v. Gonzales (2006), Setiadi v. Gonzales (2006)
24 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. § 1252 (§ 242 of the Immigration and Nationality Act of 1952 (McCarran-Walter))
Relies on Immigration & Naturalization Service v. Elias-Zacarias · COELHO · Feleke v. Immigration & Naturalization Service · Regalado-Garcia v. Immigration & Naturalization Service · Krasnopivtsev 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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Even if the evidence was previously unavailable, the BIA will remand only if the evidence is 'of such a nature that the Board is satisfied that if proceedings before the [IJ] were reopened, with all the attendant delays, the new evidence would likely change the result in the case.'”
2 later decisions quote this exact passage · from the majority“must show both that he [or she] actually fears persecution and that a `reasonable person in the alien's position would fear persecution if returned to the alien's native country.'”
1 later decision quote this exact passage · from the majoritye.g. Setiadi v. Gonzales“) that affirmed an Immigration Judge's (”
1 later decision quote this exact passage · from the majoritye.g. Setiadi 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.