Garland v. Ming Dai explained

Litigants:Garland v. Ming Dai
Decidedate:June 1
Decideyear:2021
Fullname:Garland v. Ming Dai
Usvol:593
Uspage:___
Parallelcitations: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.
Majority:Gorsuch
Joinmajority:unanimous
Lawsapplied: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." 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.[1]

Notes and References

  1. Book: Little, Rory K. . The State of Criminal Justice: 2022 . American Bar Association: Criminal Justice Section . 2022 . 38-39 . Annual Review of the U.S. Supreme Court's Criminal Law Cases.