Supreme Court Rules Asylum Applicants Bear Burden of Proof, Reversing 9th Circuit
Unanimously ruling against a Chinese asylum claimant, the Supreme Court reversed the 9th Circuit Court of Appeals this morning, finding immigration judges do not have to explicitly state that an asylum seeker’s story is not credible when finding against him.
The court’s opinion in the case, Garland v. Dai, court file 19-1155, was written by Justice Neil Gorsuch.
“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.”
SCOTUS Unanimously Rules Against Ninth Circuit Rule that Gave Asylum to Previously-Denied Illegal Aliens
Erin Schaff-Pool/Getty Images
1 Jun 2021
The U.S. Supreme Court (SCOTUS) on Tuesday held that federal courts have a limited role in reviewing immigration judge findings, reversing a decision from the Ninth Circuit appeals court that helped grant immigration relief to illegal aliens seeking asylum.
Justice Neil Gorsuch wrote in a 9-0 decision that there is “nothing in the [Immigration and Nationality Act]” that “contemplates anything like the embellishment the Ninth Circuit has adopted” when deeming that an illegal alien’s testimony in an immigration case must be considered credible and true if not explicitly stated otherwise by an immigration judge or the Board of Immigration Appeals (BIA).
The Supreme Court on Tuesday ruled unanimously in favor of the government in a case that determines how courts should rule on the credibility of an asylum seekers' claim when the facts in the case are in doubt.
Supreme Court Strikes Credibility Presumption for Asylum Seekers courthousenews.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from courthousenews.com Daily Mail and Mail on Sunday newspapers.