SCOTUS Rejects Attempts to Treat Asylum Seekers Testimony as Credible

Joe Ravi via Wikimedia Commons

The Supreme Court sided with the federal government and shot down a push to treat asylum seeker’s testimony as credible. The court unanimously ruled that a previous decision from the California-based U.S. Court of Appeals for the 9th Circuit incorrectly ruled that noncitizens’ testimonies must be treated as credible.

According to The Washington Examiner:

In the case, two men, Cesar Alcaraz-Enriquez and Ming Dai, had sought to remain in the United States but were found ineligible based on discrepancies in their testimonies. Alcaraz-Enriquez was accused of lying about beating and raping his girlfriend. Dai was accused of omitting a visit to China when he claimed he was fleeing the communist country.

In both cases, Justice Neil Gorsuch wrote, the 9th Circuit was wrong to interfere because of a technical question. That court, he said, had no place in imposing its own rules on the administrative requirements of the Immigration and Nationality Act when immigration judges and the Board of Immigration Appeals govern that area.

“The Ninth Circuit’s rule has no proper place in a reviewing court’s analysis,” Gorsuch wrote of the circuit’s decision to presume credibility on the part of the two men.

“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 INA provides that a reviewing court must accept ‘administrative findings’ as ‘conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary,'” Gorsuch wrote.

This case is the latest in a series of immigration rulings from the Supreme Court. Previously, the court ruled against multiple Trump-era immigration cases after the Biden administration changed the federal government’s positions.



    1. Actually, after Trump’s multiple appointments to the 9th Circuit, there is about an even chance of drawing a sane panel in any given case. This case, unfortunately, did not get that benefit, so the Supreme Court had to intervene..

    2. I am from California and 42% of their judgements were overturned by the Supreme Court. Supposedly they are getting better. Trump added Constitutional judges to the Court.

    1. Actually, after Trump’s multiple appointments to the 9th Circuit, there is about an even chance of drawing a sane panel in any given case. This case, unfortunately, did not get that benefit, so the Supreme Court had to intervene..

  1. The SCOTUS has been the “poster child” for the definition of a moot subject. They have made recents as 2017 thru 2020 that supported Conservative points of views yet to see Democrats follow those decisions. Where does that leave Conservative Americans? Is an armed response the only solution? Considering that Democratic Communists in control of Congress is actively seeking to take Americans source of defense, we may have to act soon.

  2. So the question is: does the so called supreme court have any control over the 9th???? Just how many times will the sc have to overturn the 9th actions. How many times have they overturned a 9th actions only to then have the 9th do it all again? These so called justices take a oath to support The Constitution ….etc. Seems like the 9th and a few other fed courts make/do actions totally against the Constitution and get away with it. I would say these type of so called judges need to be removed for not following their oath of office.

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