Ghotra v. Whitaker’s Empirical Analysis
912 F.3d 284 · 2019
Citation profile
3 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))
Relies on Efe v. Ashcroft · Wang v. Holder · Eduard v. Ashcroft · Orellana-Monson v. Holder · Abdel-Masieh v. United States 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“To qualify for asylum, an applicant must establish that he is 'unable or unwilling to return to ... [and] avail himself or herself of the protection of [his home] country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.' " Ghotra , 912 F.3d at 288 (brackets in original) (quoting 8 U.S.C. § 1101 (a)(42)(A) ); see also 8 U.S.C. § 1158 (b)(1)(B)(i). "To qualify for withholding of removal, an applicant must establish that 'it is more likely than not' that 'his life or freedom would be threatened' in the proposed country of removal due to his race, religion, nationality, membership in a particular social group, or political opinion, which poses a higher bar than the 'well-founded fear' standard for asylum.”
2 later decisions quote this exact passage · from the majority“only if the evidence is so compelling that no reasonable fact finder could fail to find the petitioner statutorily eligible for relief.”
1 later decision quote this exact passage · from the majority“[past] persecution or a well-founded fear of [future] persecution on account of ... membership in a particular social group.”
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.