facebook linkedin twitter

Gorsuch Holds 9th Circuit Went Too Far in Accepting Immigrant Testimony

June 1, 2021 by Dan McCue
U.S. Supreme Court Justice Neil Gorsuch at the National Archive. (Screen grab by Dan McCue)

WASHINGTON – In a unanimous ruling, the Supreme Court tossed a pair of decisions from the 9th U.S. Circuit, holding the appellate court went too far in assuming that an immigrant’s testimony was credible unless an immigrant judge said otherwise.

Tuesday’s ruling involved a pair of consolidated cases in which immigrants avoided deportation thanks to that presumption.

In the first case, Cesar Alcaraz-Enriquez had been convicted for domestic violence and his probation report was rife with accounts of violent assaults. But Alcaraz-Enriquez said there were mitigating circumstances — namely that he was trying to protect his daughter.

Because an immigration judge made no credibility determination during the trial, the Ninth Circuit held Alcaraz-Enriquez’s testimony must be accepted.

In the second case, Ming Dai, a Chinese citizen, overstayed a tourist visa and sought asylum, but gave conflicting testimony about the persecution he would face were he returned to China. 

Dai lost the first round but the Ninth Circuit, relying on “the absence of an explicit adverse credibility finding,” ruled that Dai was eligible for asylum.

Writing for he and his fellow Justices, Gorsuh noted the Ninth Circuit has long applied “a special rule” in immigration disputes, but held that the Circuit’s rule has no proper place in a reviewing court’s analysis under the Immigration and Nationality Act, or I.N.A.

“When it comes to questions of fact — such as the circumstances surrounding Mr. Alcaraz-Enriquez’s prior conviction or Mr. Dai’s alleged persecution — the I.N.A. provides that a reviewing court must accept ‘administrative findings’ as ‘conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary.’”

“Nothing in the I.N.A., contemplates anything like the embellishment the Ninth Circuit has adopted,” he added.

The cases are Garland v. Dai, No. 19-1155 and Garland v. Alcaraz-Enriquez, No. 19-1156.

Supreme Court

GOP-led States See Texas Law as Model to Restrict Abortions

SIOUX FALLS, S.D. (AP) — Republican states that have passed increasingly tough abortion restrictions only to see them blocked by... Read More

SIOUX FALLS, S.D. (AP) — Republican states that have passed increasingly tough abortion restrictions only to see them blocked by the federal courts have a new template in an unusually written Texas law that represents the most far-reaching curb on abortions in nearly half a century.... Read More

Divided High Court Leaves Texas Abortion Law in Place

WASHINGTON (AP) — A deeply divided Supreme Court is allowing a Texas law that bans most abortions to remain in... Read More

WASHINGTON (AP) — A deeply divided Supreme Court is allowing a Texas law that bans most abortions to remain in force, for now stripping most women of the right to an abortion in the nation's second-largest state. The court voted 5-4 to deny an emergency appeal... Read More

Texas 6-Week Abortion Ban Takes Effect, With High Court Mum

A Texas law banning most abortions in the state took effect at midnight, but the Supreme Court has yet to... Read More

A Texas law banning most abortions in the state took effect at midnight, but the Supreme Court has yet to act on an emergency appeal to put the law on hold. If allowed to remain in force, the law would be the most dramatic restriction on... Read More

Supreme Court Allows Evictions to Resume During Pandemic

WASHINGTON (AP) — The Supreme Court's conservative majority is allowing evictions to resume across the United States, blocking the Biden... Read More

WASHINGTON (AP) — The Supreme Court's conservative majority is allowing evictions to resume across the United States, blocking the Biden administration from enforcing a temporary ban that was put in place because of the coronavirus pandemic. The court's action ends protections for roughly 3.5 million people... Read More

August 26, 2021
by Tom Ramstack
Supreme Court Ruling Coming Soon On Federal Eviction Moratorium

WASHINGTON -- The Supreme Court is expected to rule within days on a lawsuit by associations of realtors that seek... Read More

WASHINGTON -- The Supreme Court is expected to rule within days on a lawsuit by associations of realtors that seek to overturn the federal extension of the eviction moratorium until Oct. 3. In a hearing on Monday, the realtors argued the moratorium violates their contractual rights... Read More

August 25, 2021
by Dan McCue
Supreme Court Orders 'Remain in Mexico' Policy Reinstated

WASHINGTON -- The Supreme Court on Tuesday evening refused to block a court ruling ordering the Biden administration to reinstate... Read More

WASHINGTON -- The Supreme Court on Tuesday evening refused to block a court ruling ordering the Biden administration to reinstate a Trump-era policy that forces people to wait in Mexico while seeking asylum in the U.S. With the court’s three liberal justices in dissent, the unsigned... Read More

News From The Well
scroll top