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]