Elian Gonzalez v. Janet Reno, 212 F.3d 1338 (11th Cir. 2000). · Go Syfert
Elian Gonzalez v. Janet Reno, 212 F.3d 1338 (11th Cir. 2000). Cases Citing This Book View Copy Cite
G Cite
cited 7× by 7 distinct cases, 2018–2025 · 4 courts · …agencies must respect their own procedural rules and regulations. ⚠ not in text
290 citation events (288 in the last 25 years) across 20 distinct courts.
Strongest positive: Movimiento Democracia, Inc. v. Johnson (flsd, 2016-06-28) · Strongest negative: Olowo, Esther v. Ashcroft, John D. (ca7, 2004-05-11)
Treatment trajectory · 2000 → 2026 · click a year to view as-of
2000 2013 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited "but see" Olowo, Esther v. Ashcroft, John D.
7th Cir. · 2004 · signal: but cf. · confidence high
But cf. Gonzalez v. Reno, 212 F.3d 1338 , 1351 (11th Cir. 2000) (finding that the INS’ determination “that six-year-old children lack sufficient capacity to assert, on their own, an asylum claim—is [not] unreasonable”).
discussed Cited "but see" Esther Olowo v. John D. Ashcroft, United States Attorney General
7th Cir. · 2004 · signal: but cf. · confidence high
But cf. Gonzalez v. Reno, 212 F.3d 1338 , 1351 (11th Cir.2000) (finding that the INS’ determination "that six-year-old children lack sufficient capacity to assert, on their own, an asylum claim — is [not] unreasonable”).
examined Cited as authority (verbatim quote) Movimiento Democracia, Inc. v. Johnson (3×) also: Cited "see"
S.D. Fla. · 2016 · quote attribution · 1 verbatim quote · confidence high
as a matter of law, it is not for the courts, but for the executive agency charged with enforcing the statute.. .to choose how.to fill such gaps.
discussed Cited as authority (quoted) Aileen Lisabet Piedra v. Commissioner of Social Security Administration
S.D. Fla. · 2025 · quote attribution · 1 verbatim quote · confidence low
agencies must respect their own procedural rules and regulations.
discussed Cited as authority (quoted) Overton v. O'Malley (CONSENT)
M.D. Ala. · 2022 · quote attribution · 1 verbatim quote · confidence low
agencies must respect their own procedural rules and regulations.
discussed Cited as authority (quoted) Puryear v. Saul
S.D. Ala. · 2021 · quote attribution · 1 verbatim quote · confidence low
agencies must respect their own procedural rules and regulations.
examined Cited as authority (quoted) U.S. Federal Credit Union v. Gateway Radiology Consultants, P.A.
11th Cir. · 2020 · quote attribution · 1 verbatim quote · confidence low
where congress has committed the enforcement of a statute to a particular executive agency, 28 usca11 case: 20-13462 date filed: 12/22/2020 page: 29 of 44 congress has sufficiently indicated its intent that statutory gaps be filled by the executive agency.
discussed Cited as authority (quoted) Gayle v. Field Office Director Miami Field Office
S.D. Fla. · 2020 · signal: see also · quote attribution · 1 verbatim quote · confidence low
agencies must respect their own procedural rules and regulations.
discussed Cited as authority (quoted) Richardson v. Berryhill
S.D. Ala. · 2020 · quote attribution · 1 verbatim quote · confidence low
agencies must respect their own procedural rules and regulations.
discussed Cited as authority (quoted) Hall v. Saul
S.D. Ala. · 2019 · quote attribution · 1 verbatim quote · confidence low
agencies must respect their own procedural rules and regulations.
discussed Cited as authority (quoted) Lindell Washington v. Commissioner of Social Security
11th Cir. · 2018 · quote attribution · 1 verbatim quote · confidence low
agencies must respect their own procedural rules and regulations.
discussed Cited as authority (quoted) Alabama Environmental Council v. Administrator, United States Environmental Protection Agency (2×) also: Cited "see, e.g."
11th Cir. · 2013 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence low
an after-the- fact rationalization of agency action-an explanation developed for the sole purpose of defending in court the agency's acts-is usually entitled to no deference from the courts.
examined Cited as authority (quoted) Tammy Burke v. John Smith
11th Cir. · 2001 · quote attribution · 1 verbatim quote · confidence low
hen a parent brings an action on behalf of a child, and it is evident that the interests of each are the same, no need exists for someone other than the parent to represent the child's interests under rule 17(c).
cited Cited as authority (rule) Oscar Alberto Donaire-Jarquin v. U.S. Attorney General
11th Cir. · 2025 · confidence medium
Gen., 401 F.3d 1226, 1231 (11th Cir. 2005) (quota- tion marks omitted) (quoting Gonzalez, 212 F.3d at 1355).
examined Cited as authority (rule) Linda J. Romano-Murphy v. Commissioner (3×)
Tax Ct. · 2019 · confidence medium
Id. (citing Gonzales, 212 F.3d at 1349). !
cited Cited as authority (rule) Ashok Kumar Gandalal Patel v. U.S. Attorney General
11th Cir. · 2018 · confidence medium
“Not all exceptional treatment is persecution.” Gonzalez, 212 F.3d at 1355.
cited Cited as authority (rule) F.L.B. v. Lynch
W.D. Wash. · 2016 · confidence medium
In Gonzalez, the. plaintiff, Elian Gonzalez, arrived in the United States at the age of six, having endured a boat ride from Cuba during which his mother died. 212 F.3d at 1344.
discussed Cited as authority (rule) Animal Legal Defense Fund v. U.S. Department of Agriculture (2×)
11th Cir. · 2015 · confidence medium
Gonzalez, 212 F.3d at 1350; see also Burlington Truck Lines, Inc. v. United States, 371 U.S. 156, 168 , 83 S.Ct. 239, 246 , 9 L.Ed.2d 207 (1962) (“The courts may not accept appellate counsel’s post hoc rationalizations for agency action.”).
discussed Cited as authority (rule) Jiaren Shi v. U.S. Attorney General
11th Cir. · 2013 · confidence medium
This conduct when taken as a whole exceeds the abuse presented in Zheng and Djonda , and makes it very hard for us to simply characterize what the police did to Shi as mere “harassment or intimidation,” Gonzalez, 212 F.3d at 1355.
discussed Cited as authority (rule) Mejia v. U.S. Attorney General
11th Cir. · 2007 · confidence medium
While a “few isolated incidents of verbal harassment or intimidation” do not demonstrate past persecution, Gonzalez, 212 F.3d at 1355 (citation omitted), the threats and attacks the petitioners suffered were neither “isolated” nor simply “harassment.” Mejia was physically attacked twice: once when a large rock was thrown at him and once when members of the FARC pointed a gun at his head and then broke his nose with the butt of a rifle.
discussed Cited as authority (rule) Luis Heladio Acuna Romero v. U.S. Atty. General
11th Cir. · 2007 · confidence medium
As we have discussed previously, “persecution” is an “extreme concept,” requiring “more than a few isolated incidents of verbal harassment or intimidation.” Gonzalez v. Reno, 212 F.3d 1338, 1355 (11th Cir.2000) (quotation marks and citations omitted).
cited Cited as authority (rule) Edmond Cenolli v. U.S. Attorney General
11th Cir. · 2006 · confidence medium
Furthermore, “[n]ot all exceptional treatment is persecution.” Gonzalez, 212 F.3d at 1355.
cited Cited as authority (rule) Alejandro Rondon v. U.S. Attorney General
11th Cir. · 2006 · confidence medium
Furthermore, “[n]ot all exceptional treatment is persecution.” Gonzalez, 212 F.3d at 1355.
discussed Cited as authority (rule) Maria Parra v. U.S. Attorney General
11th Cir. · 2006 · confidence medium
Furthermore, “[n]ot all exceptional treatment is persecution.” Gonzalez, 212 F.3d at 1355; see also Zheng v. U.S. Att’y Gen., 451 F.3d 1287, 1290-91 (11th Cir.2006) (holding that five-day detention during which petitioner was not harmed, petitioner’s termination from his job and inability to find another in that city, and occasional search of his parents’ home by the police constituted harassment but did not compel a finding of past persecution).
cited Cited as authority (rule) Doris De La I. Tavera Lara v. U.S. Atty. Gen.
11th Cir. · 2006 · confidence medium
Furthermore, “[n]ot all exceptional treatment is persecution.” Gonzalez, 212 F.3d at 1355.
cited Cited as authority (rule) Diego Leon Guzman v. U.S. Attorney General
11th Cir. · 2006 · confidence medium
Furthermore, “[n]ot all exceptional treatment is persecution.” Gonzalez, 212 F.3d at 1355.
cited Cited as authority (rule) Frazier Ex Rel. Frazier v. Alexandre
S.D. Fla. · 2006 · confidence medium
Gonzalez, 212 F.3d at 1346, n. 7 .
cited Cited as authority (rule) Harry Marquez v. U.S. Attorney General
11th Cir. · 2006 · confidence medium
The telephone calls that allegedly came from FARC guerillas were merely “a few isolated incidents of verbal harassment.” Gonzalez, 212 F.3d at 1355.
discussed Cited as authority (rule) Cielo Castro Arango v. U.S. Attorney General
11th Cir. · 2005 · confidence medium
Demonstrating past persecution requires showing “more than a few isolated incidents of verbal harassment or in *854 timidation,” and “mere harassment does not amount to persecution.” Id. (citing Gonzalez v. Reno, 212 F.3d 1338, 1355 (11th Cir.2000)).
cited Cited as authority (rule) Fawzi Aboushehata v. U.S. Attorney General
11th Cir. · 2005 · confidence medium
Gonzalez v. Reno, 212 F.3d 1338, 1355 (11th Cir. 2000).
discussed Cited as authority (rule) Goss Graphic Systems, Inc. v. Man Roland Druckmaschinen Aktiengesellschaft
N.D. Iowa · 2001 · confidence medium
While “[rjespect for the authority of the executive branch in foreign affairs is a well-established theme in our law....,” it “does not mean [however] that the executive branch has unbridled discretion in creating and in implementing policy.” Gonzalez, 212 F.3d at 1349.
discussed Cited "see" Olivia Dsouza v. U.S. Attorney General
11th Cir. · 2024 · signal: accord · confidence high
“Persecution is an extreme concept, requiring more than a few isolated incidents of verbal harassment or intimidation.” Del- gado, 487 F.3d at 861 (alteration adopted) (quoting Sepulveda v. U.S. Att’y Gen., 401 F.3d 1226, 1231 (11th Cir. 2005)); accord Murugan v. U.S. Att’y Gen., 10 F.4th 1185, 1192 (11th Cir. 2021) (“[P]ersecution is an extreme concept that does not include every sort of treatment our society regards as offensive.” (quoting Gonzalez v. Reno, 212 F.3d 1338 , 1355 (11th Cir. 2000))).
discussed Cited "see" Karastan Edwards v. U.S. Attorney General
11th Cir. · 2024 · signal: see · confidence high
See Gonzalez v. Reno, 212 F.3d 1338 (11th Cir. 2000) (citing to and analyzing Chenery when discussing the different levels of deference afforded to agency adjudications).
discussed Cited "see" Karastan Edwards v. U.S. Attorney General
11th Cir. · 2024 · signal: see · confidence high
See Gonzalez v. Reno, 212 F.3d 1338 (11th Cir. 2000) (citing to and analyzing Chenery when discussing the different lev- els of deference afforded to agency adjudications).
discussed Cited "see" Abraham Lincoln Memorial Hospital v. Sebelius
7th Cir. · 2012 · signal: see · confidence high
See Gonzalez v. Reno, 212 F.3d 1338 , 1350 (11th Cir.2003) (noting that “[a]n after-the-fact rationalization of agency action — an explanation developed for the sole purpose of defending in court the agency’s acts — is usually entitled to no deference from the courts,” but concluding that the agency’s position, developed in the course of administrative proceedings before litigation commenced is not such a justification).
discussed Cited "see" Catherine A. Raniolo v. Commissioner of Social Security
11th Cir. · 2012 · signal: see · confidence high
See Gonzalez v. Reno, 212 F.3d 1338 , 1351 (11th Cir. 2000) (accepting agency interpretation where it “comes within the range of reasonable choices” in interpreting statutory text).
cited Cited "see" Marlene Del S. Torres-Sanchez v. U.S. Atty. Gen.
11th Cir. · 2010 · signal: see · confidence high
See Gonzalez v. Reno, 212 F.3d 1338 , 1355 (11th Cir.2000).
cited Cited "see" Imelda Maria Efie Suharti v. U.S. Attorney General
11th Cir. · 2009 · signal: see · confidence high
See Gonzalez, 212 F.3d at 1355 (not all offensive or exceptional treatment is persecution).
cited Cited "see" Julio Jimenez Pablo v. U.S. Attorney General
11th Cir. · 2009 · signal: see · confidence high
See Gonzalez v. Reno, 212 F.3d 1338 , 1355 (llth Cir.2000).
discussed Cited "see" American Civil Liberties Union of Florida, Inc. v. Miami-Dade County School Board (2×)
11th Cir. · 2009 · signal: see · confidence high
See generally, e.g., Gonzalez v. Reno, 212 F.3d 1338 , 1350 & n. 14 (11th Cir.2000) (noting that the INS had determined that Cuba is "a communist-totalitarian state," and quoting the U.S. Dept. of State, 1999 Country Reports *1214 on Human Rights Practices: Cuba (2000) for the proposition that "Cuba is a totalitarian state," where the Communist Party "exercises control over all aspects of Cuban life"); Licea v. Curacao Drydock Co., 537 F.Supp.2d 1270, 1272 (S.D.Fla.2008) (referring to "totalitarian Cuba's forced labor system"); Rodriguez v. Ridge, 310 F.Supp.2d 1242, 1246 (S.D.Fla.2004) (refer…
discussed Cited "see" Honglun Lei v. U.S. Attorney General
11th Cir. · 2008 · signal: see · confidence high
See Sepulveda v. U.S. Att’y Gen., 401 F.3d 1226 , 1231 (11th Cir.2005) (per curiam) (persecution requires “ ‘more than a few isolated incidents of verbal harassment or intimidation’ ”) (quoting Gonzalez v. Reno, 212 F.3d 1338 , 1355 (11th Cir.2000)).
discussed Cited "see" Jose Antonio Zakia Antor v. U.S. Attorney General
11th Cir. · 2008 · signal: see · confidence high
See Gonzalez v. Reno, 212 F.3d 1338 , 1355 (11th Cir.2000) (quoting Mikhailevitch v. INS, 146 F.3d 384, 390 (6th Cir.1998) for the holding that “ ‘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”).
discussed Cited "see" Gabriel Salvatierra v. U.S. Attorney General
11th Cir. · 2007 · signal: see · confidence high
See Gonzalez v. Reno, 212 F.3d 1338 , 1355 (11th Cir.2000) (explaining that persecution is an “extreme concept,” which “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” and that “[n]ot all exceptional treatment is persecution”).
cited Cited "see" Daniel Alberto Yerfino v. U.S. Attorney General
11th Cir. · 2007 · signal: see · confidence high
See Gonzalez, 212 F.3d at 1355.
cited Cited "see" Roman Ashnurov v. U.S. Attorney General
11th Cir. · 2007 · signal: see · confidence high
See Gonzalez v. Reno, 212 F.3d 1338 , 1355 (11th Cir.2000).
discussed Cited "see" Fransiscus Lukman Wibowo v. U.S. Atty. Gen.
11th Cir. · 2006 · signal: see · confidence high
See Gonzalez v. Reno, 212 F.3d 1338 , 1355 (11th Cir.2000); see also Ghaly v. I.N.S, 58 F.3d 1425, 1431 (9th Cir.1995) (explaining that “persecution is an extreme concept that does not include every sort of treatment our society regards as offensive”).
cited Cited "see" Donato Dalrymple v. United States
11th Cir. · 2006 · signal: see · confidence high
See Gonzalez v. Reno, 212 F.3d 1338 (11th Cir.2000). 3 .
discussed Cited "see" Hernan Montagut Cifuentes v. U.S. Atty. Gen.
11th Cir. · 2006 · signal: see · confidence high
DISCUSSION An alien seeking asylum must show that he suffered past persecution or has a well-founded fear of future persecution “on account of race, religion, nationality, membership in a particular social group, or political opinion.” 8 U.S.C. § 1101 (a)(42)(A); see Sepulveda, 401 F.3d at 1230. “[Persecution is an extreme concept, requiring more than a few isolated incidents of verbal harassment or intimidation.” Sepulveda, 401 F.3d at 1231 (internal quotations omitted). “ ‘[M]ere harassment does not amount to persecution,”’ Gonzalez v. Reno, 212 F.3d 1338 , 1355-56 (11th Cir…
cited Cited "see" Mauricio Aranzazu Alzate v. U.S. Atty. Gen.
11th Cir. · 2005 · signal: see · confidence high
See id.
cited Cited "see" Juan G. Cadavid Jimenez v. U.S. Atty. Gen.
11th Cir. · 2005 · signal: see · confidence high
See Gonzalez v. Reno, 212 F.3d 1338 , 1355.
Retrieving the full opinion text from the archive…
Elian Gonzalez
v.
Janet Reno
00-11424.
Court of Appeals for the Eleventh Circuit.
Jun 1, 2000.
212 F.3d 1338
SCI LIQUIDATING CORPORATION, f.k.a. Sunrise Carpet Industries, Inc., Plaintiff-Appellee.

v.

HARTFORD FIRE INSURANCE COMPANY, a Connecticut Corporation, Hartford Casualty Insurance Company, a Connecticut Corporation, Defendants-Appellants,

No. 98-9069.

United States Court of Appeals,

Eleventh Circuit.

June 20, 2000.

Appeal from the United States District Court for the Northern District of Georgia (No. 97-00124-4-CV- HLM); Harold L. Murphy, Judge.

Before TJOFLAT, DUBINA and HULL, Circuit Judges.

PER CURIAM:

The facts in this case are set out in our prior opinion, in which we certified the following question to the Supreme Court of Georgia on a controlling issue of law:

DOES SEXUAL HARASSMENT OR RETALIATION BY A SUPERVISOR TRIGGER EXCLUSION SIXTEEN ON PAGE THREE OF THE UMBRELLA INSURANCE POLICY IN THIS CASE, WHERE THE INSURANCE POLICY EXCLUDES: "COVERAGE AFFORDED ANY OF [THE INSURED'S] EMPLOYEES TO 'BODILY INJURY' OR 'PERSONAL INJURY' ... TO OTHER EMPLOYEES ARISING OUT OF AND IN THE COURSE OF THEIR EMPLOYMENT"?

SCI Liquidating Corp. v. Hartford Fire Ins. Co., 181 F.3d 1210, 1219 (11th Cir.1999). The Supreme Court

of Georgia responded, "we find that exclusion sixteen of the umbrella policy does not exclude coverage for Sunrise's claims originating from the sexual harassment suit." SCI Liquidating Corp. v. Hartford Ins. Co., 526 S.E.2d 555, 556 (Ga.2000). In light of the Supreme Court of Georgia's response, we find that the district court correctly concluded that Plaintiff-Appellee SCI Liquidating Corporation ("SCI") was covered under the umbrella policy's "personal injury" provisions.

The district court found that SCI was covered under both the umbrella policy's "personal injury"

provisions and the commercial general liability policy's "bodily injury" provisions. We reaffirm our prior holding that the district court erred in finding coverage under the commercial general liability policy. See

SCI Liquidating Corp., 181 F.3d at 1217. Thus, we reverse the judgment for SCI against Defendant-

Appellant Hartford Fire Insurance Company.

Because we conclude that SCI was covered under the umbrella policy and because the amount of damages is not in dispute, we affirm the judgment for SCI against Defendant-Appellant Hartford Casualty

Insurance Company in the amount of $ 187,972.21, plus prejudgment interest, and $3,384 in costs.

REVERSED IN PART and AFFIRMED IN PART.

[*2]