Case Citator › Abebe v. Mukasey

Abebe v. Mukasey

Is it still good law? What later courts have actually done to this case.

Declined by some courts
Court
Ninth Circuit
Citation
554 F.3d 1203
Decided
Confirmed treatments
2
Flagged citations read
63 of 63
Citing cases (total)
63
Treatment dates
2009
Declined by some courts
At least one reviewed court has declined to follow this case. No reviewed court has overruled it. The Third and Eleventh Circuits declined to follow different parts of Abebe v. Mukasey. Judulang v. Holder reversed a decision that relied on the earlier, vacated Abebe panel opinion's comparable-grounds approach; it did not decide the en banc Abebe opinion's separate equal protection holding.
More on how this was screened

All 63 flagged citations have been read. The two confirmed treatments are listed below.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

63 later cases cite Abebe v. Mukasey; 63 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Abebe v. Mukasey?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Declined to follow

  • The Third Circuit rejected Abebe's rule that a claim identified in a Board of Immigration Appeals notice of appeal becomes unexhausted when the petitioner omits it from a later brief.

    Hoxha v. Holder · Third Circuit · filed

    Case law in both the Sixth and Ninth Circuits is contrary to our holding. ... Abebe v. Mukasey, ... Having examined these cases, we do not find them persuasive.
    Read the full opinion on CourtListener →

  • The Eleventh Circuit kept its own section 212(c) framework and said its precedent prevented it from adopting Abebe's contrary approach.

    De La Rosa v. U.S. Attorney General · Eleventh Circuit · filed

    Our long-standing endorsement of Francis precludes us from considering the route taken by the Ninth Circuit in Abebe.
    Read the full opinion on CourtListener →

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