Ninth Cir. Refusal to Review Asylum Case Draws Scornful Dissents

A panel opinion by the Ninth Circuit saying a man from China who claimed he was persecuted there because he tried to stop the government from forcing his wife to have an abortion is eligible for asylum will stand, despite some boisterous disagreement.

The immigration judge and Board of Immigration Appeals denied Ming Dai asylum without explicitly determining whether his testimony was credible, a panel of the U.S. Court of Appeals for the Ninth Circuit said. Without that determination, his testimony must be deemed credible and he’s eligible for asylum under the REAL ID Act, it said.

The en banc ...