SCOTUS Unanimously Rules Against Ninth Circuit Rule that Gave Asylum to Previously-Denied Illegal Aliens

SCOTUS Unanimously Rules Against Ninth Circuit Rule that Gave Asylum to Previously-Denied Illegal Aliens


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 Ninth Circuit’s deemed-true-or-credible rule cannot be reconciled with the INA’s terms,” Gorsuch writes in the unanimous opinion.

Cesar Alcaraz-Enriquez, a previously deported illegal alien from Mexico, and Ming Dai, a Chinese national who first arrived on a B-2 tourist visa, had sought asylum in the U.S.

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