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How does the recent court ruling affect asylum cases?

The assertion by asylum seekers that their lives are in danger in their home country does not ensure that the claim is credible.

In a unanimous 9-0 vote, the justices of the U.S. Supreme Court overturned the rule issued by the Ninth Circuit Court of Appeals in Los Angeles, which stated that: “Absent an explicit adverse credibility determination by an Immigration Judge or the Board of Immigration Appeals (BIA), a reviewing court must treat an alien applicant’s testimony as credible”. This Rule has been upheld by 12 Court of Appeals Judges; however, this Tuesday, June 01, 2021, the highest U.S. Court of Justice objected to this Rule, leaving it up to the Judge in the case to decide this issue of veracity of testimony, which could result in the denial of Asylum for many cases waiting to be heard in Immigration Court.

It is important to note that the decision of the Supreme Court of Justice was based on the review of the cases of immigrants Cesar Alcaraz-Enriquez and Ming Dai, who entered the country; one undocumented and the other with a tourist visa.

For more information, please contact our offices as soon as possible and we will gladly assist you.

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