Dahal v. Barr’s Empirical Analysis
931 F.3d 15 · 2019
Citation profile
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. § 1252 (§ 242 of the Immigration and Nationality Act of 1952 (McCarran-Walter))
Relies on Consolidated Edison Co of New York v. National Labor Relations Board · Immigration & Naturalization Service v. Stevic · Immigration and Naturalization Service, v. Juan Anibal Aguirre-Aguirre · Biestek v. Berryhill · Elien v. Ashcroft
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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“To rebut that presumption, [DHS] bears the burden to prove by a preponderance of the evidence that country conditions have changed such that it is no longer more likely than not that [Mendez]'s life or freedom would be threatened if he returned to [Guatemala].”
1 later decision quote this exact passage · from the majority“establish[] through record evidence that it is more likely than not that he would be tortured by, or at the instigation of, or with the consent or acquiescence . . . of a public official in Guatemala upon his return.”
1 later decision quote this exact passage · from the majority“must demonstrate a 'clear probability' of persecution, which is a more stringent standard than the 'well-founded fear of persecution' that determines an applicant's eligibility for asylum.”
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.