Shrestha v. Holder’s Empirical Analysis
590 F.3d 1034 · 2010
Citation profile
42 federal appellate ·
Relationships
Applies 5 U.S.C. § 706 · 8 U.S.C. § 1158 (§ 208 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 United States v. Arvizu · Board of Trade of City of Chicago v. United States · Federal Communications Commission v. Fox Television Stations, Inc. · Xiu Xia Lin v. Mukasey · Abderrahman Chebchoub 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 835 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“concerning credibility, the REAL ID Act’s principal purpose was to eliminate [our prior] limitation ... on the type of inconsistencies upon which an IJ could rely in assessing credibility.” Shrestha, 590 F.3d at 1042 n. 3 (internal quotation marks omitted). That is, ”[t]he REAL ID Act implemented an important substantive change concerning the kinds of inconsistencies that may give rise to an adverse credibility determination,” but it”
3 later decisions quote this exact passage · from the majoritye.g. Ren v. Holder · Guan v. Barr“finding that an adverse credibility determination is not “necessarily a death knell to CAT protection” but that when petitioner's”
2 later decisions quote this exact passage · from the majority“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. There is no presumption of credibility, however, if no adverse credibility determination is explicitly made, the applicant or witness shall have a rebuttable presumption of credibility on appeal.”
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.