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Supreme Court: Garland v. Dai

June 01, 2021 (1 min read)

Garland v. Dai

"The Ninth Circuit has long applied a special rule in immigration disputes. The rule provides that, in the absence of an explicit adverse credibility determination by an immigration judge or the Board of Immigration Appeals, a reviewing court must treat a petitioning alien’s testimony as credible and true. At least 12 members of the Ninth Circuit have objected to this judge-made rule, and we granted certiorari to decide whether it can be squared with the terms of the Immigration and Nationality Act (INA), 66 Stat. 163, as amended, 8 U. S. C. §1101 et seq. ... The Ninth Circuit’s rule has no proper place in a reviewing court’s analysis. ... Accordingly, the judgments of the Court of Appeals [884 F. 3d 858 and 727 Fed. Appx. 260] are vacated, and these cases are remanded for further proceedings consistent with this opinion."