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Supreme Court issues unanimous ruling on asylum-seeking process

United States Supreme Court 1
Posted at 9:37 AM, Jun 01, 2021

The Supreme Court on Tuesday ruled unanimously in favor of the government in a case that determines how courts should rule on the credibility of an asylum seekers' claim when the facts in the case are in doubt.

In Tuesday's ruling, the Court reversed a Ninth Circuit ruling that found two asylum seekers' claims to be credible.

In one case, Ming Dai sought asylum in the U.S., claiming China sought to persecute him for violating the government's one-child policy. In a separate case that was also considered, Cesar Alcaraz-Enriquez sought permission to stay in the U.S. because he feared persecution in Mexico.

In writing the opinion, Justice Neil Gorsuch wrote that instead of presuming an asylum seekers' account to be fact, the Board of Immigration Appeals should review factfinders' work and apply "applying a presumption of credibility" only "if there is no explicit adverse credibility determination."

The ruling was the latest in a series of high court decisions that overturned rulings made by the Ninth Circuit — an appeals circuit that includes western states like California that's known for liberal leanings. Last week, the Supreme Court unanimously overturned a pair of Ninth Circuit rulings.