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Samuel Alito on ImmigrationSupreme Court Justice (nominated by Pres. George W. Bush 2005) |
ALITO: In the area of immigration, Congress has spoken clearly. As to factual decisions that are made by an immigration judge, Congress has told us, "You are not to disturb those unless no reasonable fact finder could have reached the conclusion that the immigration judge did." My role is not to substitute my judgment for that of the immigration judge. My job is to say, "Could a reasonable person have reached the conclusion that the immigration judge did?" And if I find that a reasonable person could have reached that conclusion, then it's my job to deny the petition for review.
Alito concludes that the Board of Immigration Appeals (?BIA?)?s decision to deny asylum applications to unmarried partners of
persons who suffered forced abortions or involuntary sterilizations was ?rational.?
-- BIA judge?s order denying asylum and withholding of removal is affirmed
Writing the Court?s opinion, Alito highlighted the Board of Immigration Appeals (?BIA?) error by failing to ?explain why the alleged birth-control documents that she submitted
did not bolster her credibility...If authentic and accurate, they powerfully corroborate her claims.?
-- BIA judge?s order denying asylum and withholding of removal is vacated, and case remanded.
Alito holds that it was ?legal error for the Immigration Judge to reject the abortion certificates? solely on the ground that they were not authenticated. Petitioner and her husband argued that she
was forced two times by the Chinese government to have abortions, and that they faced government persecution because they are Christians.
-- Court vacates the BIA?s order denying asylum and withholding removal, and remands the case back to the BIA
