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With Trump appointees, 9th Circuit suffers another year of reversals at Supreme Court
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With Trump appointees, 9th Circuit suffers another year of reversals at Supreme Court
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Ninth Circuit has another year of reversals at Supreme Court
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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