Migrants were just handed a silver platter engraved with the word “welcome,” or so they think. If denied entry by an immigration judge they have always had the unalienated right to contest their individual cases before the U.S. Supreme Court. This ruling hasn’t changed, but thanks to a slight twist in the way the process will work going forward, hopeful migrants will soon be kicking the Courts’ door off its hinges. But not for long…
Previously, the immigration judge who denied a migrant’s request for entry would submit a detailed report citing the reasons for their decision, should the case end up in the Supreme Court’s lap. Considering SCOTUS’s tremendously busy schedule, reviewing the reports and associated documents consumes an immense amount of their time.
Immigration judges no longer have to do this, and considering their even heavier workload, they won’t. They were already complaining about it so they’re grateful for a bit more breathing room.
With nothing on which to base their decisions, the Supreme Court will be in total control. They won’t be required to see any prior investigations and testimonies. They won’t see any documents which may have been obtained. What they are going to see are hordes of sad-faced immigrants lying their butts off.
SCOTUS did this for themselves as the result of a long and drawn-out case involving a Chinese man by the name of Ming Dai who spun a pretty good yarn but not good enough. Dai said he and his wife were expecting their second child in 2009 but the birth never happened. Because of China’s one-child policy, authorities broke down his door and abducted his wife.
Dai claimed he tried to stop them but it only resulted in the police breaking his ribs and dislocating one of his shoulders. To pour salt in the wound he was tossed in jail for 10 days without the benefit of receiving medical treatment.
He said the fetus had been forcibly aborted but that wasn’t the end of Dai’s tale of woe. Because of the incident, Dai said he was fired from his job and his daughter was no longer allowed to attend good schools. Once his wife recovered from the brutal medical procedure she went back to work but was demoted.
After sitting through Dae’s longwinded rehearsed speech, SCOTUS didn’t buy it. They couldn’t find a bit of authenticity in anything the man said. The trial had clearly been a waste of their valuable time, but they were still forced to sift through bogus documents and forms, wasting even more time, before telling the guy “no way.”
Gorsuch wrote that the burden of proof rested on Dai’s shoulders. His claim of being unable to return to China “because of persecution or a well-founded fear of persecution . . . for failure or refusal to undergo [involuntary sterilization] or for other resistance to a coercive population control program,” didn’t make sense. And he was correct.
SCOTUS, based on their wisdom and discernment, could have ended the trial then and there had they been allowed, and the documents only revealed what they already knew. Dai was hiding something.
Sure enough, Dai failed to mention how his wife and daughter who had initially joined him on his trip to the U.S., had already returned to China and were doing just fine. This blew his fear of persecution out of the water. He could go home, he just didn’t want to.
Following the trial, Supreme Court Justice Gorsuch wrote, “The Ninth Circuit has long applied a special rule in immigration disputes. The rule provides that, in the absence of an explicit adverse credibility determination by an immigration judge or the Board of Immigration Appeals, a reviewing court must treat a petitioning alien’s testimony as credible and true.”
Gorsuch and his gavel-swinging gang not only defied that rule, but they unanimously reversed it. Reading between the lines will tell you how they just pulled one over on the Biden administration, but you may have to squint to see it.
The first step was in dissuading immigration judges from submitting those pesky detailed reports. The second step, and the most important one, was in allowing themselves to use their own discretion when considering if what they’re hearing is fake news.
Here it is a condensed nutshell. It frees up their time for more important matters by allowing them to very quickly say no. That long line of immigrants who are already on their way to D.C. will be shuffled in one door and back out of another as quickly as 1-2-3 to an awaiting bus and a free ride home.
Gorsuch was the intelligence behind doing this and all we can say is, “Good job, buddy.” That was slick…
In the case, Chinese national Ming Dai claimed he was beaten and arrested in 2009 for trying to prevent Chinese authorities from aborting his second child under that country’s now-rescinded one-child policy. He testified that, when he tried to stop his wife’s abduction, police broke his ribs, dislocated his shoulder, and jailed him for 10 days. Dai said he lost his job, his wife was demoted, and his daughter was denied admission to good schools.
Unanimously ruling against a Chinese asylum claimant, the Supreme Court reversed the 9th Circuit Court of Appeals this morning, finding immigration judges do not have to explicitly state that an asylum seeker’s story is not credible when finding against him.