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On June 1, 2021, the U.S. Supreme Court decided
Garland v. Ming Dai, overruling the Ninth Circuit’s longstanding “deemed-true-or-credible” rule that required reviewing courts to treat noncitizens’ testimony as credible and true absent an explicit adverse credibility determination by the Board of Immigration Appeals (“BIA”). Instead, reviewing courts must accept the BIA’s findings of fact as “conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary.”
The case involves two foreign nationals, Cesar Alcaraz-Enriquez and Ming Dai, who appealed immigration judge (“IJ”) determinations regarding their eligibility for various forms of immigration relief. Alcaraz-Enriquez is a Mexican national who was detained by immigration authorities when he attempted to enter the United States illegally. He sought relief from removal proceedings on the ground that his life or freedom would be threatened in Mexico. The IJ held that he was ineligibl
The Ninth Circuit on Wednesday held that immigration judges can reopen the cases of immigrants who have been removed from the U.S. or who voluntarily left, reversing a Board of Immigration Appeals decision that held that the "departure bar" in immigration law blocked those reopenings.
WASHINGTON
The Supreme Court on Tuesday set aside a rule used by the 9th Circuit Court in California that presumed immigrants seeking asylum were telling the truth unless an immigration judge had made an “explicit” finding that they were not credible.
The justices in a 9-0 decision said this rule “cannot be reconciled” with law set by Congress that gives immigration judges the authority to weigh often conflicting accounts and to decide whether the applicant is entitled to asylum.
“For many years, and over many dissents, the 9th Circuit has proceeded on the view that, “[i]n the absence of an explicit adverse credibility finding [by the agency], we must assume that [the immigrant’s] factual contentions are true’ or at least credible,” wrote Justice Neil M. Gorsuch in Garland vs. Dai. He said this rule was not justified and gave immigrants the benefit of the doubt in close cases. “Congress has carefully circumscribed judicial review” of immigration decision
In yet another unanimous opinion as the current term draws to a close, the Supreme Court of the United States ruled Tuesday against asylum-seeking immigrants in the companion cases of Garland v. Dai and Garland v. Alcaraz-Enriquez(previously captioned Rosen v. Dai and Rosen v. Alcaraz-Enriquez, respectively). The cases presented a procedural question that promises to have a profound impact on the cases of individuals seeking asylum in the United States.