Courts on AI / Fabricated or misquoted citations
Xiong v. Wofford
United States District Court for the Eastern District of California · Federal district courts · CA · · No. 1:25-cv-02004 · order
On 2026-05-21, in That Xiong v. Minga Wofford, the Eastern District of California declined sanctions in light of remedial steps but required counsel to verify all future case and record citations. Counsel cited G.A.A. v. Chestnut, No. 1:25-cv-01102-EPG, 2025 WL 3030589 (E.D. Cal. Nov. 21, 2025) even though the court found the authority did not exist.
- Disposition
- The court discharged the order to show cause, declined sanctions, and reminded counsel and supervising attorneys of citation-verification duties.
- Recorded conduct
- Counsel Cummings and law student Herrera filed opposition/reply papers with hallucinated citations generated through ChatGPT and other generative AI. The court discharged the show-cause order and declined sanctions after their explanations. — outcome: warning; actor: lawyer
- Canonical record
- Incident tracker entry — verified outcome, regulator disposition and related rules
What the court wrote
Verbatim from the court's document (public domain). Ellipses mark omitted text; nothing is paraphrased.
Petitioner was ordered to provide in his OSC response signed declarations from Petitioner’s counsel, law student Gina Herrera, and any and all other staff who assisted Petitioner’s counsel regarding compliance with the Court’s January 13, 2026 Order; a detailed description of how the hallucinated citations were included in Petitioner’s reply brief at ECF No. 12; a detailed description of what steps were taken to confirm whether counsel’s filings in other immigration habeas cases filed in the Eastern District of California also contained hallucinated citations and what steps were taken to bring those issues to the district court’s attention; a table of authorities of all cases Petitioner has cited in all of Petitioner’s filings in this action, Case No. 1:25-cv-2004-CSK, organized by filing, including (1) the verbatim citation in Petitioner’s filing, the ECF number of the filing, and the page number of the filing on which the authority is cited; (2) identification of whether each citation is an accurate citation or whether it is a hallucinated or fictitious citation; and (3) for each citation, if the citation is an accurate citation for an actual case, a complete copy of the actual case/decision cited attached to the table of authorities. ... 49) and declines to impose sanctions on Petitioner’s counsel Cummings or law student Herrera for counsel’s failure to fully comply with the Court’s January 13, 2026 order. The Court repeats its admonishment that while AI and generative AI tools can assist counsel and parties, these tools must be used responsibly.