Khadka v. Holder’s Empirical Analysis
618 F.3d 996 · 2010
Citation profile
4 federal appellate ·
Relationships
Applies 8 U.S.C. § 1158 (§ 208 of the Immigration and Nationality Act of 1952 (McCarran-Walter))
Relies on Malhi v. Immigration & Naturalization Service · Chun He Li v. Ashcroft · Corovic v. Mukasey · Biao Yang v. Gonzales · Wang v. Immigration & 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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) notice to the alien of the consequences of filing a frivolous application; (2) a specific finding by the Immigration Judge or the Board that the alien knowingly filed a frivolous application; (3) sufficient evidence in the record to support the finding that a material element of the asylum application was deliberately fabricated; and (4) an indication that the alien has been afforded sufficient opportunity to account for any discrepancies or implausible aspects of the claim.”
4 later decisions quote this exact passage · from the majoritye.g. Yan Liu v. Holder · Yousif v. Lynch“Given proper warning, an asylum applicant may be able to rebut an allegation that he filed a frivolous asylum application without actually convincing a finder of fact that he had not presented fabricated evidence.”
1 later decision quote this exact passage · from the majoritye.g. Liu v. Holder“the term `fraudulent' may be more appropriate than the term `frivolous' when applied to a questionable asylum application”
1 later decision quote this exact passage · from the majoritye.g. Liu 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.