Justices 'Baffled,' 'Confused' By Asylum Cases

Law360 (February 23, 2021, 5:09 PM EST) -- A pair of thorny immigration cases "baffled" and "confused" the inquisitive justices of the U.S. Supreme Court Tuesday as they wrestled with when testimony of asylum applicants must be presumed to be credible.

During a two-hour telephone hearing, the justices seemed perplexed about who bears the burden of credibility in asylum cases, a technical legal question that could have implications for thousands of asylum claims and potentially other areas of administrative law.

The Supreme Court is reviewing two Ninth Circuit decisions that revived Ming Dai and Cesar Alcaraz-Enriquez's asylum cases. Dai claims he fears that if he returns to China, he...

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