Restrepo v. Holder’s Empirical Analysis
610 F.3d 962 · 2010
Citation profile
11 federal appellate ·
Relationships
Applies 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. Stevic · Kucana v. Holder · Ramadan v. Gonzales · Gomis v. Holder · Gatimi v. Holder
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[a]n immigration judge concluded that [Viracacha] had not established “the existence of changed circumstances which materially affect the applicant’s eligibility for asylum,” § 1158(a)(2)(D). He argued that he fears the Revolutionary Armed Forces of Colombia (FARC), an insurgent group that threatened him with death after he opposed its operations. But because he told the immigration judge that he had left Colombia in 1998 precisely because of the FARC’s threats, the IJ found that he should have applied for asylum immediately on arriving in the United States. [Viraca-cha] testified that he delayed because he expected the domestic situation in Colombia to improve, but that it had instead (in his view) become worse. The IJ did not see this as an adequate justification, both because conditions in Colombia had not changed materially and because hoping for improvement does not justify delay in filing.”
1 later decision quote this exact passagee.g. Bitsin 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.