The Supreme Court reversed the 9th Circuit Court of Appeals Monday, finding immigration judges do not have to explicitly state that an asylum seeker’s story is not credible when finding against him or her.
Justice Neil Gorsuch wrote the opinion in the case.
“The Ninth Circuit has long applied a special rule in immigration disputes,” Gorsuch wrote. “The rule provides that, in the absence of an explicit adverse credibility determination by an immigration judge or the Board of Immigration Appeals, a reviewing court must treat a petitioning alien’s testimony as credible and true.”
In the involved case, Chinese national Ming Dai claimed he was beaten and arrested in 2009 for trying to prevent Chinese authorities from aborting his second child under the previous one-child policy. Dai testified that when he tried to stop his wife’s abduction, police broke his ribs, dislocated his shoulder and threw him in jail for ten days. Dai noted that he lost his job, his wife was demoted and his daughter was denied admission to good schools, the Epoch Times reports.
He came to the U.S. on a tourist visa and sought asylum shortly after his arrival.
Gorsuch wrote that the burden rested on Dai to prove that he was a “refugee,” someone “unable or unwilling” to return to his home country because of “persecution or a well-founded fear of persecution for failure or refusal to undergo [involuntary sterilization] or for other resistance to a coercive population control program.”
Dai failed to disclose the fact that his wife and daughter traveled to the United States and voluntarily returned to China.
Dai “hesitated at some length” when faced with the facts, according to the immigration judge, and then admitted his daughter returned to China to go to school and his wife returned to her job.
The immigration judge denied Dai’s claim, stating: “I do not find that [Dai’s] explanations for [his wife’s] return to China while he remained here are adequate.”
The 9th Circuit saw things from a different perspective.
The panel held that “in the absence of an explicit adverse credibility findings by the [immigration judge] or the [Board of Immigration Appeals],” he said, Dai’s testimony must be credible and true and he should be eligible for asylum.
“The Ninth Circuit’s rule has no proper place in a reviewing court’s analysis. Nothing in the [Immigration and National Act] contemplates anything like the embellishment the Ninth Circuit has adopted.”
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I’m impressed!
“Impressment, or “press gang” as it was more commonly known, was recruitment by force. It was a practice that directly affected the U.S. and was even one of the causes of the War of 1812. The British navy consistently suffered manpower shortages due to the low pay and a lack of qualified seamen.”
Then there is The Democrat version of “Impressment” applied to immigration to keep their undermanned voting roles in place, desperate to the point of dropping unaccompanied 5 year old children over the border walls for future party growth, only to be faced with jobs of low pay produced by mentally confused Democrat girly men who are unable to produce qualified semen let alone men of wholeness, virility and personal integrity who view their children as blessings, not useable pawns in political power grabs.
Wow, a right call from them. FOR only the 2nd time this year..
Will this be the standard used on the MILLIONS of illegal invaders flowing over our Southern border? Of course only 1% will ever show up in court, so I guess the question is moot.
That’s why they should be HELD IN JAIL TILL THEIR court date.. So more than 1% show the hell up.
But I under Biden, the law doesn’t matter. He is still going to reward illegals. Look at Sanctuary states and cities ?? It’s still illegal to Harbor and aid criminals. But democrats do it anyway
AND so do leftists judges.. AND worse, they seem to always GET AWAY With doing so.