[Ed. – Judicial activism rears its ugly head.]
In a major break from another key appellate court, the San Francisco-based 9th Circuit Court of Appeals on Thursday ruled that a Sri Lankan man who failed his initial asylum screening has the constitutional right to go before a judge — threatening to further clog the immigration court system with tens of thousands of similar claims per year, and setting up an all-but-certain Supreme Court showdown.
The unanimous decision in a lengthy opinion by the three-judge panel could have major implications for those seeking asylum, a process that the White House has long derided as rife with fraud. And it will likely rankle President Trump, who has labeled the 9th Circuit “disgraceful” and politically biased.
The case centers on Vijayakumar Thuraissigiam, 46, who said he was jailed and tortured for political activity during the civil war between the government of Sri Lanka and the Liberation Tigers of Tamil Eelam, according to court documents. He fled the country in 2016, after he was tortured again by intelligence officers, he said in court papers.