Olakunle Oshodi v. Eric H. Holder Jr.

Chief Judge KOZINSKI, with whom Judges RAWLINSON and BYBEE join,

dissenting:

The majority today holds that aliens seeking asylum have a constitutional right “to testify fully as to the merits of their application.” Maj. op. 890. But constitutional rights, once created, are not easily cabined: If would-be immigrants have a right to testify without limitation in support of their claims, so do untold millions of citizens whose vital interests are at stake in administrative proceedings. Which is doubtless why the Supreme Court has rejected the existence of any such right. Today’s ruling is, in any…