Stserba v. Holder’s Empirical Analysis
646 F.3d 964 · 2011
Citation profile
5 federal appellate ·
Relationships
Applies 8 U.S.C. § 1101 (§ 101 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1158 (§ 208 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1227 (§ 237 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 Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc. · Immigration & Naturalization Service v. Cardoza-Fonseca · Kennedy v. Mendoza-Martinez · Trop v. Dulles · Saideh Fisher 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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“It is well established ... that physical harm is not an essential feature of persecution. [Haider v. Holder, 595 F.3d 276, 286 (6th Cir.2010).] Nonphysical persecution can take various forms, including “ ‘the deliberate imposition of severe economic disadvantage or the deprivation of liberty, food, housing, employment!,] or other essentials of life.’ ” In re T-Z-, 24 I. & N. Dec. 163, 171 (B.I.A.2007) (quoting H.R.Rep. No. 95-1452). Persecution requires “more than a few isolated incidents of verbal harassment or intimidation, unaccompanied by any physical punishment, infliction of harm, or significant deprivation of liberty.” Ouda v. INS, 324 F.3d 445, 452 (6th Cir.2003) (internal quotation marks omitted). “Typically, ... the types of actions that might cross the line from harassment to persecution include: detention, arrest, interrogation, prosecution, imprisonment, illegal searches, confiscation of property, surveillance, beatings, or torture.” Haider, 595 F.3d at 286-87 (internal quotation marks and alteration marks omitted). Although persecution is an “extreme concept,” persecution does not require “a total deprivation of livelihood or a total withdrawal of all economic opportunity.” In re T-Z-, 24 I. & N. Dec. at 172-73 . “The IJ (and this court) must evaluate [evidence of] past persecution ... in the aggregate, as a collection of harmful events” because, “even though [the events] may not qualify individually as persecution,” they may qualify as persecution when “taken t”
1 later decision quote this exact passage · from the majority“The basic rule under international law is that it is within each state's jurisdiction to decide who are its nationals.”
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.