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Subject Supreme Court 9-0 slams 9th Circuit on believing immigration fairy tales at face value

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[quote:beeches:MV80ODA0NjY0Xzg3NjM5NTYxX0IyMUZCRjU0]
[b]This is one of the two cases where the 9th Court reversed denials and wanted to let the criminal stay:
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Mexican-born Cesar Alcaraz-Enriquez came to the U.S. at age eight. His parents and siblings are all either U.S. citizens or lawful permanent residents. Alcaraz-Enriquez has a history of serious mental illness, drug abuse, domestic violence, and time in prison. He has returned (both voluntarily and involuntarily) to Mexico several times over the years; each time, Alcaraz’s health deteriorates dramatically while in Mexico. His family wishes to care for him in the U.S.

Gorsuch walked through the disturbing facts of Alcarez-Enriquez’s criminal history.

The probation report indicated that Mr. Alcaraz Enriquez locked his 17-year-old girlfriend in his bedroom one evening, caught her trying to escape, dragged her back into the room, threatened to stab her and dump her body in a dumpster, and forced her to have sex with him. The next morning, he beat the young woman, leaving bruises on her back, neck, arms, and legs—stopping only when she begged for her life. Later that evening, when she asked to leave, he dragged her out, threw her against the stairs, and kicked her as she rolled down. Her ordeal lasted nearly 24 hours.

The immigration judge also considered Alcaraz-Enriquez’s testimony during his immigration proceeding; during that testimony Alcaraz-Enriquez admitted to hitting his girlfriend, but said he had been defending his daughter. He denied dragging and kicking his girlfriend and denied forcing her to have sex with him. Per the Court’s opinion, “He also submitted a letter from his mother, who stated that when she saw the girlfriend immediately after the altercation, ‘she looked completely fine.'”
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Justice Gorsuch Calls Out Ninth Circuit for Being an ‘Outlier’ in 9-0 Immigration Decision

In yet another unanimous opinion as the current term draws to a close, the Supreme Court of the United States ruled Tuesday against asylum-seeking immigrants in the companion cases of Garland v. Dai and Garland v. Alcaraz-Enriquez (previously captioned Rosen v. Dai and Rosen v. Alcaraz-Enriquez, respectively). The cases presented a procedural question that promises to have a profound impact on the cases of individuals seeking asylum in the United States.

The Court decided 9-0 that an appellate court must not presume an immigrant’s testimony to be credible when a lower court did not specifically address that person’s credibility. In a 15-page opinion, Justice Neil Gorsuch repeatedly derided the U.S. Court of Appeals for the Ninth Circuit for its practice of taking immigrants at their word when they are not entitled to such deference.

To be granted asylum, an immigrant must file a petition claiming their “life or freedom would be threatened” on account of “the alien’s race, religion, nationality, membership in particular social group, or political opinion.” If such a petition satisfies the fact-finding immigration court, then U.S. law mandates that the person must not be removed from American soil.

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