Garland v. Ming Dai | |
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Decided June 1, 2021 | |
Full case name | Garland v. Ming Dai |
Citations | 593 U.S. ___ ( more ) 141 S. Ct. 1669 |
Holding | |
The Ninth Circuit's rule that a reviewing court "must treat a noncitizen's testimony as credible and true absent an explicit adverse credibility determination" violated the Immigration and Nationality Act. | |
Court membership | |
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Case opinion | |
Majority | Gorsuch, joined by unanimous |
Laws applied | |
Immigration and Nationality Act |
Garland v. Ming Dai, 593 U.S. ___ (2021), was a United States Supreme Court case in which the Court held that the Ninth Circuit violated the Immigration and Nationality Act with its rule that a reviewing court "must treat a noncitizen's testimony as credible and true absent an explicit adverse credibility determination." [1] When an immigration court rejects a noncitizen's testimony, the Act requires reviewing courts to uphold that rejection unless no reasonable factfinder could have agreed with the rejection. As long as the rejection was not completely arbitrary, the rejection must stand. [2]