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Garland v. Ming Dai

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Garland v. Ming Dai
Decided June 1, 2021
Full case nameGarland v. Ming Dai
Citations593 U.S. ___ (more)
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 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

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  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.
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