Supreme Court Sets Oral Arguments in Border Wall, Remain in Mexico, and Credibility Cases
The Supreme Court has set three immigration cases for oral arguments in the spring. Amy Howe for SCOTUSBlog lists the cases.
Border Wall (February 22)
“The justices scheduled oral argument in Trump v. Sierra Club, the long-running dispute over the funding for President Donald Trump’s border wall, for Feb. 22, the first day of the session.”
Remain in Mexico Policy (March 1)
“[O]n March 1 . . . , the justices are scheduled to hear oral argument in Wolf v. Innovation Law Lab, a challenge to the Trump administration’s `remain in Mexico’ policy, which allows the Department of Homeland Security to return immigrants seeking asylum to Mexico while they wait for an asylum hearing in U.S. immigration courts.”
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Howe notes that ” [p]erhaps as a nod to the possibility that the oral arguments in both cases could be canceled [because President-elect Biden has said that he will end the border wall construction and remain in Mexico policy] , the two cases were both scheduled on the same day as another argument – the only two days of the argument session with two arguments.
Credibility Determinations (February 23)
Rosen v. Dai & Rosen v. Alcaraz-Enriquez present the question whether a court of appeals can presume that an immigrant’s testimony is credible if an immigration judge or the Board of Immigration Appeals did not specifically find that she was not credible.
KJ