Case: 19-1155 Wilkinson, Acting Att'y Gen. v. Dai (2021-February-23)
QUESTION PRESENTED:
(1) Whether 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; and (2) whether the court of appeals violated the remand rule as set forth in INS v. Ventura when it determined in the first instance that the respondent, Ming Dai, was eligible for asylum and entitled to withholding of removal.
Issues: (1) Whether 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; and (2) whether the court of appeals violated the remand rule as set forth in INS v. Ventura when it determined in the first instance that the respondent, Ming Dai, was eligible for asylum and entitled to withholding of removal.
DateProceedings and Orders (key to color coding)Jan 10 2020 | Application (19A781) to extend the time to file a petition for a writ of certiorari from January 20, 2020 to February 19, 2020, submitted to Justice Kagan.
Jan 10 2020 | Pursuant to Rule 34.6 and Paragraph 9 of the Guidelines for the Submission of Documents to the Supreme Court's Electronic Filing System, filings in this case should be submitted in paper form only, and should not be submitted through the Court's electronic filing system.
Jan 10 2020 | Application (19A781) granted by Justice Kagan extending the time to file until February 19, 2020.
Feb 07 2020 | Application (19A781) to extend further the time from February 19, 2020 to March 20, 2020, submitted to Justice Kagan.
Feb 07 2020 | Application (19A781) granted by Justice Kagan extending the time to file until March 20, 2020.
Mar 20 2020 | Petition for a writ of certiorari filed. (Response due April 20, 2020)
Apr 13 2020 | Motion to extend the time to file a response from April 20, 2020 to June 19, 2020, submitted to The Clerk.
Apr 16 2020 | Motion to extend the time to file a response is granted and the time is extended to and including June 19, 2020.
Apr 20 2020 | Brief amicus curiae of Immigration Reform Law Institute filed.
Jun 19 2020 | Brief of respondent Ming Dai in opposition filed.
Jul 08 2020 | DISTRIBUTED for Conference of 9/29/2020.
Jul 17 2020 | Reply of petitioner William P. Barr, Attorney General filed. (Distributed)
Oct 02 2020 | Petition GRANTED. The petition for a writ of certiorari in No. 19-1156 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
Oct 02 2020 | As Rule 34.6 provides, “If the Court schedules briefing and oral argument in a case that was governed by Federal Rule of Civil Procedure 5.2(c) or Federal Rule of Criminal Procedure 49.1(c), the parties shall submit electronic versions of all prior and subsequent filings with this Court in the case, subject to [applicable] redaction rules.” Subsequent party and amicus filings in the case should now be submitted through the Court’s electronic filing system, with any necessary redactions.
Oct 02 2020 | Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 19-1155. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 19-1155. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
Nov 16 2020 | Joint appendix filed. VIDED.
Nov 16 2020 | Brief of petitioner William P. Barr, Attorney General filed. VIDED.
Dec 01 2020 | Motion for an extension of time to file respondents' briefs on the merits filed. VIDED.
Dec 03 2020 | Motion to extend the time to file respondents' briefs on the merits granted and the time is extended to and including January 4, 2021. VIDED.
Dec 31 2020 | SET FOR ARGUMENT on Tuesday, February 23, 2021. VIDED.
Jan 04 2021 | Brief of respondent Cesar Alcaraz-Enriquez (No. 19-1156) filed.
Jan 04 2021 | Brief of respondent Ming Dai filed.
Jan 04 2021 | Joint motion for divided argument filed by respondents. VIDED.
Jan 11 2021 | Amicus brief of American Immigration Lawyers Association and National Immigrant Justice Center submitted.
Jan 11 2021 | Amicus brief of Refugee Advocacy Organizations submitted.
Jan 11 2021 | Amicus brief of Thirty-Five Former Immigration Judges and Members of the Board of Immigration Appeals submitted.
