Garland v. Ming Dai

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Garland v. Ming Dai
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Decided June 1, 2021
Full case nameGarland v. Ming Dai
Citations593 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
Chief Justice
John Roberts
Associate Justices
Clarence Thomas  · Stephen Breyer
Samuel Alito  · Sonia Sotomayor
Elena Kagan  · Neil Gorsuch
Brett Kavanaugh  · Amy Coney Barrett
Case opinion
MajorityGorsuch, 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]

References

  1. Garland v. Ming Dai, 593 U.S. ___ (2021)
  2. Little, Rory K. (2022). "Annual Review of the U.S. Supreme Court's Criminal Law Cases". The State of Criminal Justice: 2022. American Bar Association: Criminal Justice Section. pp. 38–39.{{cite book}}: CS1 maint: publisher location (link)