healthmyths
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Given that many asylum-seekers arrive in the U.S. without supporting documents, immigration judges often rely solely on these individuals’ personal tales of persecution.
When the immigration judge specifically deems an immigrant’s testimony credible, both the Board of Immigration Appeals (BIA) and federal circuit courts will generally defer to that finding.
However, when the immigration judge is silent on the immigrant’s credibility, different circuits handle the matter in different ways.
Justice Gorsuch, writing for the Court, explained that unlike other circuit courts, the Ninth Circuit has had a longstanding practice of assuming immigrants are being truthful, even when the immigration judge has made no such finding. He wrote:
So why not give the immigrant a lie detector test?
It would certainly give better credence that taking the immigrant's word.
When the immigration judge specifically deems an immigrant’s testimony credible, both the Board of Immigration Appeals (BIA) and federal circuit courts will generally defer to that finding.
However, when the immigration judge is silent on the immigrant’s credibility, different circuits handle the matter in different ways.
Justice Gorsuch, writing for the Court, explained that unlike other circuit courts, the Ninth Circuit has had a longstanding practice of assuming immigrants are being truthful, even when the immigration judge has made no such finding. He wrote:
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So why not give the immigrant a lie detector test?
It would certainly give better credence that taking the immigrant's word.