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← 552 F.3d 894 - Manani v. Filip

Manani v. Filip’s Empirical Analysis

552 F.3d 894 · 2009

Citation profile

19
cited by 19 later decisions
June 2023
most recently cited

13 federal appellate ·

How this case has been cited

Cited by 19 later decisions — most recently June 2023

13 federal appellate ·

150200920102020decided

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. § 1158 (§ 208 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1227 (§ 237 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1231 (§ 241 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 Ming Ming Wijono v. Gonzales · Etchu-Njang v. Gonzales · Onyinkwa v. Ashcroft · Mouawad v. Gonzales · Gjyzi 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “An application for asylum of an alien may be considered ... if the alien demonstrates to the satisfaction of the Attorney General either the existence of changed circumstances which materially affect the applicant’s eligibility for asylum or extraordinary circumstances relating to the delay in filing an application within the [one-year period].”
    3 later decisions quote this exact passage · from the majority
  2. “Congress has generally precluded the federal courts from exercising jurisdiction to review a determination of the Attorney General that an application for asylum was untimely. See 8 U.S.C. § 1158 (a)(3). Accordingly, the Government contends that we lack jurisdiction to review the BIA’s determination that [Goromou] was statutorily ineligible for asylum because [he] did not file h[is] application within either one year after h[is] arrival in the United States or a reasonable time after the onset of any changed or extraordinary circumstances. There is, however, a limited exception to the jurisdictional bar established in § 1158(a)(3). Namely, 8 U.S.C. § 1252 (a)(2)(D), enacted as part of the REAL ID Act of 2005, provides that § 1158(a)(3) shall not “be construed as precluding review of constitutional claims or questions of law raised upon a petition for review filed with an appropriate court of appeals.” (Emphasis added.) We must, therefore, examine “the nature of the argument advanced in the petition to determine whether an alien is raising a constitutional claim or question of law, over which we have jurisdiction, or asserting a dispute with the BIA’s factual findings or discretionary judgments, which are insulated from judicial review.” Purwantono v. Gonzales, 498 F.3d 822 , 824 (8th Cir.2007).”
    1 later decision quote this exact passage · from the majority
  3. “Considering the totality of the circumstances, and all relevant factors, a trier of fact may base a credibility determination on the demeanor, candor, or responsiveness of the applicant or witness, the inherent plausibility of the applicant’s or witness’s account, the consistency between the applicant’s or witness’s written and oral statements (whenever made and whether or not under oath, and considering the circumstances under which the statements were made), the internal consistency of each such statement, the consistency of such statements with other evidence of record (including the reports of the Department of State on country conditions), and any inaccuracies or falsehoods in such statements, without regard to whether an inconsistency, inaccuracy, or falsehood goes to the heart of the applicant’s claim, or any other relevant factor....”
    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.