The lower courts agreed, suppressing the evidence against Mr. Cooley. Justice Stephen G. Breyer, writing for the court, acknowledged that the Supreme Court’s precedents generally barred tribes from regulating the activities of those outside them. But he said there was an important exception. 19-1155, the court rejected rulings from the United States Court of Appeals for the Ninth Circuit, in San Francisco, that assumed immigrants’ testimony was credible unless immigration judges specifically said otherwise. “The Ninth Circuit has long applied a special rule in immigration disputes,” Justice Neil M. Gorsuch wrote for the court, one that “appears to be an outlier.” Unless immigration judges make “an explicit adverse credibility determination,” the appeals court said, “a reviewing court must treat a petitioning alien’s testimony as credible and true.”

Source: New York Times June 01, 2021 17:48 UTC