Garland v. Ming Dai

Garland v. Ming Dai
Supreme Court of the United States
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
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
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 if there is any contrary evidence which a reasonable factfinder could have found sufficient to justify 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. p. 38-39.

External links

• Text of Garland v. Ming Dai, 593 U.S. ___ (2021) is available from: Cornell Findlaw Justia