Garland v. Ming Dai
Appearance
Garland v. Ming Dai | |
---|---|
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 | |
| |
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]