Ba v. Mukasey’s Empirical Analysis
539 F.3d 1265 · 2008
Citation profile
5 federal appellate ·
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))
Relies on Ghaly v. Immigration & Naturalization Service · Hang Kannha Yuk v. Ashcroft · Woldemeskel v. Immigration & Naturalization Service · Krastev v. Immigration & Naturalization Service · Marcu 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“the burden shifts to the [Department of Homeland Security (DHS) ] to establish by a preponderance of the evidence either that there has been a fundamental change in circumstances such that the applicant no longer has a well-founded fear of persecution in his or her country of nationality, or that the applicant could avoid future persecution by relocating to another part of his or her country of nationality, and under all the circumstances, it would be reasonable to expect the applicant to do so. If the DHS rebuts the presumption, the asylum application will be denied unless the applicant demonstrates compelling reasons for being unwilling or unable to return to his or her country of nationality, or a reasonable possibility that he or she may suffer other serious harm upon removal to that country.”
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.