Kane v. Holder’s Empirical Analysis
581 F.3d 231 · 2009
Citation profile
5 federal appellate ·
How this case has been cited
Cited by 43 later decisions — most recently October 2022 · most notably Seck v. U.S. Attorney General (2011), Kone v. Holder (2010)
5 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. § 1158 (§ 208 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1182 (§ 212 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 · Stone v. Immigration & Naturalization Service · Immigration and Naturalization Service, v. Juan Anibal Aguirre-Aguirre
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 43 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Derivative asylum claims typically involve the grant of asylum status to a spouse or minor child (but not a parent) who accompanies an alien already eligible for asylum status, even though the spouse or child might not otherwise be eligible for asylum. See 8 U.S.C. § 1158 (b)(3). The reverse is presented here: Kane (the parent) seeks asylum or withholding based on the potential hardship that his removal might occasion for his minor children, both of whom hold birthright U.S. citizenship. The difference is significant. In the former, the child’s derivative claim flows from the parent’s — a result that is expressly contemplated, through statute, by the initial grant of asylum. Under the latter framework, however, which is not contemplated by the INA, an illegal immigrant from a country that practices FGM could “create” a right to remain in the United States via asylum or withholding of removal simply by having a female child at any time during the immigrant’s presence here.”
1 later decision quote this exact passage · from the concurrencee.g. Dieng 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.