Duan Ying Chen v. Gonzales’s Empirical Analysis

Citation profile

5 federal appellate ·

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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[A]ny person who is outside any country of such person’s nationality or, in the case of a person having no nationality, is outside any country in which such person last habitually resided, and who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of, that country 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.”

   6 later decisions quote this exact passage · from the majority
   e.g. Kaba v. Mukasey · Ramaj v. Gonzales

2. “[a] credibility determination is considered a finding of fact and is reviewed under the deferential substantial evidence standard. Even so, the immigration judge’s conclusion must be supported by specific reasons and must be based upon issues that go to the heart of the applicant’s claim. In other words, [i]f discrepancies cannot be viewed as attempts by the applicant to enhance his claims of persecution, they have no bearing on credibility.”

   2 later decisions quote this exact passage · from the majority
   e.g. Mamoudou Diakite v. Michael Mukasey · Mapouya v. Gonzales

3. “[We remand] this matter to the BIA with directions to return the case to the immigration court, preferably before a different judge, for reconsideration and for any further proceedings that may be considered necessary and consistent with this opinion.”

   1 later decision quote this exact passage · from the majority
   e.g. Mapouya v. Gonzales