Chen v. Holder’s Empirical Analysis
578 F.3d 515 · 2009
Citation profile
3 federal appellate ·
Relationships
Applies 8 U.S.C. § 1101 (§ 101 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))
Relies on Linkletter v. Walker · United States v. Johnson · United States v. Schooner Peggy · C-Y-Z · J-S
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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he BIA never acknowledged the fact that Chen had no reason to put evidence of other persecution into the record at the time he filed his application, because the law then was clear that he needed only to prove his wife’s forced abortion. The same was true at the time of his hearing and his appeal.... This is the first time that Chen has had the opportunity to respond to the government’s critical shift in position. Chen has a statutory right to “a reasonable opportunity to examine the evidence against [him], to present evidence on [his] own behalf, and to cross-examine witnesses presented by the Government.” ... In our view, because of the way the proceedings unfolded in Chen’s case, he has been deprived of that statutory opportunity.”
1 later decision quote this exact passage · from the majoritye.g. Yi Ni 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.