Wakkary v. Holder’s Empirical Analysis
558 F.3d 1049 · 2009
Citation profile
29 federal appellate ·
How this case has been cited
Cited by 923 later decisions — most recently February 2025 · most notably Shrestha v. Holder (2010), Najmabadi v. Holder (2010)
29 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 6 U.S.C. § 101 (Anti-Border Corruption Act of 2010) · 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. § 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 Immigration & Naturalization Service v. Elias-Zacarias · Immigration & Naturalization Service v. Cardoza-Fonseca · Immigration & Naturalization Service v. Ventura · Shobna Chandar Lata v. Immigration and Naturalization Service · Saideh Fisher 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 923 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he record in Wakkary’s case does not compel the conclusion that there exists a pattern or practice of persecution against Chinese and Christians in Indonesia. Although the record contains evidence of widespread anti-Chinese and anti-Christian discrimination that affects a very large number of individuals, and although it is clear that a certain portion of those individuals suffer treatment that rises to the level of persecution, the record does not establish that the situation in Indonesia is similar to the patterns or practices of persecution described in our prior case law.”
2 later decisions quote this exact passage · from the majority“Generally, the Department expects an asylum-seeker to apply as soon as possible after expiration of his or her valid status, and failure to do so will result in rejection of the asylum application. Clearly, waiting six months or longer after expiration or termination of status would not be considered reasonable. Shorter periods of time would be considered on a case-by-case basis, with the decision-maker taking into account the totality of the circumstances.”
2 later decisions quote this exact passage · from the majority“Under the first approach, the applicant relies on establishing “a pattern or practice of persecution of people similarly situated” .... Alternatively, an applicant may prove that she is a member of a “disfavored group” coupled with a showing that she, in particular, is likely to be targeted as a member of that group.... The latter claim consists of two elements — membership in a “disfavored group” and an individualized risk of being singled out for persecution— that operate in tandem. Thus, the “more serious and widespread the threat” to the group in general, “the less individualized the threat of persecution needs to be.””
1 later decision quote this exact passage · from the majoritye.g. Halim v. Holder
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.