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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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