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Supreme Court to Review Asylum Credibility Decisions

This morning, the Supreme Court granted certiorari in Barr v. Dai (consolidated with Barr v. Alcaraz-Enriquez).

Here  is the information on the case from SCOTUSBlog:

 
Docket No. Op. Below Argument Opinion Vote Author Term

19-1155

9th Cir. TBD TBD TBD TBD OT 2020
 

Issues: (1) Whether a court of appeals may conclusively presume that an asylum applicant’s testimony is credible and true whenever an immigration judge or the Board of Immigration Appeals adjudicates an application without making an explicit adverse credibility determination; and (2) whether the court of appeals violated the remand rule as set forth in INS v. Ventura when it determined in the first instance that the respondent, Ming Dai, was eligible for asylum and entitled to withholding of removal.

SCOTUSblog Coverage

KJ

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