Garland v. Dai

Consolidated with:

Garland v. Alcaraz-Enriquez

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
19-1155	9th Cir.	Feb 23, 2021	Jun 1, 2021	9-0	Gorsuch	OT 2020

Holding: The U.S. Court of Appeals for the 9th Circuit's rule in immigration disputes " 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 noncitizen"s testimony as credible and true " cannot be reconciled with the terms of the Immigration and Nationality Act.

Judgment: Vacated and remanded, 9-0, in an opinion by Justice Gorsuch on June 1, 2021.

SCOTUSblog Coverage

Justices united against magic words and judge-made rules on asylum seekers credibility (Eunice Lee, June 12, 2021)
Justices unanimously rule against asylum seekers on question of credibility (Eunice Lee, June 1, 2021)
Court considers credibility, persuasiveness and truth in asylum seekers testimony (Eunice Lee, February 24, 2021)
Court to assess when to treat asylum seekers testimony as credible (Eunice Lee, February 22, 2021)
February argument calendar includes immigration, voting-rights cases (Amy Howe, December 31, 2020)
Justices add seven new cases to docket, including major voting-rights dispute (Amy Howe, October 2, 2020)
Petitions of the week (Andrew Hamm, April 24, 2020)

Date	Proceedings and Orders (key to color coding)
01/10/2020	Application (19A781) to extend the time to file a petition for a writ of certiorari from January 20, 2020 to February 19, 2020, submitted to Justice Kagan.
01/10/2020	Pursuant to Rule 34.6 and Paragraph 9 of the Guidelines for the Submission of Documents to the Supreme Court's Electronic Filing System, filings in this case should be submitted in paper form only, and should not be submitted through the Court's electronic filing system.
01/10/2020	Application (19A781) granted by Justice Kagan extending the time to file until February 19, 2020.
02/07/2020	Application (19A781) to extend further the time from February 19, 2020 to March 20, 2020, submitted to Justice Kagan.
02/07/2020	Application (19A781) granted by Justice Kagan extending the time to file until March 20, 2020.
03/20/2020	Petition for a writ of certiorari filed. (Response due April 20, 2020)
04/13/2020	Motion to extend the time to file a response from April 20, 2020 to June 19, 2020, submitted to The Clerk.
04/16/2020	Motion to extend the time to file a response is granted and the time is extended to and including June 19, 2020.
04/20/2020	Brief amicus curiae of Immigration Reform Law Institute filed.
06/19/2020	Brief of respondent Ming Dai in opposition filed.
07/08/2020	DISTRIBUTED for Conference of 9/29/2020.
07/17/2020	Reply of petitioner William P. Barr, Attorney General filed. (Distributed)
10/02/2020	Petition GRANTED. The petition for a writ of certiorari in No. 19-1156 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
10/02/2020	As Rule 34.6 provides, "If the Court schedules briefing and oral argument in a case that was governed by Federal Rule of Civil Procedure 5.2(c) or Federal Rule of Criminal Procedure 49.1(c), the parties shall submit electronic versions of all prior and subsequent filings with this Court in the case, subject to [applicable] redaction rules." Subsequent party and amicus filings in the case should now be submitted through the Court"s electronic filing system, with any necessary redactions.
10/02/2020	Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 19-1155. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 19-1155. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as "VIDED."
11/16/2020	Joint appendix filed. (Statement of costs filed 5/12/21). VIDED.
11/16/2020	Brief of petitioner William P. Barr, Attorney General filed. VIDED.
12/01/2020	Motion for an extension of time to file respondents' briefs on the merits filed. VIDED.
12/03/2020	Motion to extend the time to file respondents' briefs on the merits granted and the time is extended to and including January 4, 2021. VIDED.
12/31/2020	SET FOR ARGUMENT on Tuesday, February 23, 2021. VIDED.
01/04/2021	Brief of respondent Cesar Alcaraz-Enriquez filed (19-1156).
01/04/2021	Brief of respondent Ming Dai filed (19-1155).
01/04/2021	Joint motion for divided argument filed by respondents. VIDED.
01/11/2021	Brief amici curiae of Refugee Advocacy Organizations filed. VIDED.
01/11/2021	Brief amici curiae of Thirty-Five Former Immigration Judges and Members of the Board of Immigration Appeals filed. VIDED.
01/11/2021	Brief amici curiae of American Immigration Lawyers Association and National Immigrant Justice Center filed. VIDED.
01/14/2021	CIRCULATED
01/19/2021	Motion for divided argument filed by respondents GRANTED. VIDED.
01/25/2021	Record requested from the U.S.C.A. 9th Circuit.
01/28/2021	Record from the U.S.C.A. 9th Circuit electronic and located on Pacer. Sealed documents in this record was filed electronically.
02/03/2021	Reply of petitioner Robert M. Wilkinson, Acting Attorney General filed. VIDED. (Distributed)
02/23/2021	Argued. For petitioner: Colleen R. Sinzdak, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent in 19-1156: Neal K. Katyal, Washington, D. C. For respondent in 19-1155: David J. Zimmer, Boston, Mass. VIDED.
06/01/2021	Judgment VACATED and case REMANDED. Gorsuch, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/20pdf/19-1155_new_197d.pdf'>opinion</a> for a unanimous Court. VIDED.
07/06/2021	JUDGMENT ISSUED.