Ndrecaj v. Mukasey’s Empirical Analysis
522 F.3d 667 · 2008
Citation profile
8 federal appellate ·
How this case has been cited
Cited by 88 later decisions — most recently November 2021 · most notably Wang v. Holder (2009), Hachem v. Holder (2011)
8 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)) · 8 U.S.C. § 1229A (§ 240 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 · Mikhailevitch v. Immigration & Naturalization Service · Denko v. Immigration & Naturalization Service · Varsha Tushar Shah v. Immigration and 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 88 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“We review de novo alleged due process violations in removal hearings. Mikhailevitch v. INS, 146 F.3d 384, 391 (6th Cir.1998). We have stated that “Fifth Amendment guarantees of due process extend to aliens in [removal] proceedings, entitling them to a full and fair hearing. To constitute fundamental unfairness, however, a defect in the removal proceedings must have been such as might have led to a denial of justice.” Huicochea-Gomez v. INS, 237 F.3d 696, 699 (6th Cir.2001) (internal quotation and citations omitted). Thus, “proof of prejudice is necessary to establish a due process violation in an immigration hearing.” Warner v. Ashcroft, 381 F.3d 534, 539 (6th Cir.2004). Therefore, reviewing an alleged due process violation is a two-step inquiry: first, whether there was a defect in the removal proceeding; and second, whether the alien was prejudiced because of it.”
2 later decisions quote this exact passage · from the majority“An alien may demonstrate a well-founded fear of future persecution by showing that (1) he or she has a fear of persecution in his or her country on account of race, religion, nationality, membership in a particular social group, or political opinion; (2) there is a reasonable possibility of suffering such persecution if he or she were to return to that country; and (3) he or she is unable or willing to return to that country because of such fear. An applicant’s fear of persecution must be both subjectively genuine and objectively reasonable.”
1 later decision quote this exact passage · from the majority“Thus, on the basis of published reports of Albania’s political development, we have previously stated that the conditions in Albania are “fundamentally changed,” and we cannot fault the IJ for reaching the same conclusion. Given Ndrecaj’s admission that he can return to Albania and his failure to show any real threat of individualized persecution, we must agree with the IJ that the changed country conditions provide an independent basis for the IJ’s finding of a failure to show a well-founded fear of future persecution.”
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.