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GARLAND v. DAI

No. 19-1155, No. 19-1156.

141 S.Ct. 1669 (2021)

593 U.S. 357

Merrick B. GARLAND, Attorney General, Petitioner v. Ming DAI; Merrick B. Garland, Attorney General, Petitioner v. Cesar Alcaraz-Enriquez.

Supreme Court of United States.

Decided June 1, 2021.

Attorney(s) appearing for the Case

David Z. Su , Law Offices of David Z. Su, West Covina, CA, David J. Zimmer , Edwina B. Clarke , William E. Evans , Goodwin Procter LLP, Boston, MA, for Respondent.

Jeffrey B. Wall , Acting Solicitor General, Jeffrey Bossert Clark , Acting Assistant Attorney General, Edwin S. Kneedler , Deputy Solicitor General, Benjamin W. Snyder , Assistant to the Solicitor General, Donald E. Keener , John W. Blakeley , Dawn S. Conrad , Attorneys, Department of Justice, Washington, DC, for Petitioner.

Elizabeth B. Prelogar , Acting Solicitor General, Counsel of Record, Brian M. Boynton , Acting Assistant Attorney General, Edwin S. Kneedler , Deputy Solicitor General, Colleen E. Roh Sinzdak , Assistant to the Solicitor General, Donald E. Keener , John W. Blakeley , Dawn S. Conrad , Attorneys, Department of Justice, Washington, DC, for Petitioner.

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...

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