The US Supreme Court heard arguments in the consolidated cases Wilkinson v. Dai and Wilkinson v. Alcaraz-Enriquez on Tuesday. The main issue before the court is”[w]hether 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.”
Wilkinson v. Dai arose when Ming Dai sought asylum after being targeted by Chinese authorities for violating its one-child policy. Wilkinson v. Alcaraz-Enriquez arose when Cesar Alcaraz-Enriquez attempted to stay in the US for fear of being persecuted if he returned to Mexico.
