INS v. Elias-Zacarias case brief summary
502 U.S. 478 (1992)
CASE FACTS
Respondent alien was apprehended for entering the United States without inspection. Petitioner Immigration and Naturalization Service brought deportation proceedings, during which respondent sought asylum pursuant to § 208(a) of the Immigration and Nationality Act,8 U.S.C.S. § 1158(a). The immigration judge and the Board of Immigration Appeals (BIA) rejected the asylum claim. The court of appeals reversed the decisions, holding that a guerilla organization's attempt to coerce respondent into performing military service necessarily constituted persecution on account of political opinion under § 101(a)(42) of the Act, 8 U.S.C.S. § 1101(a)(42).
DISCUSSION
The court of appeals' determination that respondent was entitled to asylum was reversed, since a guerilla organization's attempt to coerce respondent into performing military service did not necessarily constitute persecution on account of respondent's political opinion as required by the Immigration and Naturalization Act.
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502 U.S. 478 (1992)
CASE SYNOPSIS
Petitioner Immigration and
Naturalization Service challenged a decision of the United States
Court of Appeals for the Ninth Circuit, which held that respondent
alien was entitled to asylum because a guerilla organization's
attempt to coerce him into performing military service constituted
persecution on account of political opinion under § 101(a)(42) of
the Immigration and Nationality Act, 8 U.S.C.S. § 1101(a)(42).CASE FACTS
Respondent alien was apprehended for entering the United States without inspection. Petitioner Immigration and Naturalization Service brought deportation proceedings, during which respondent sought asylum pursuant to § 208(a) of the Immigration and Nationality Act,8 U.S.C.S. § 1158(a). The immigration judge and the Board of Immigration Appeals (BIA) rejected the asylum claim. The court of appeals reversed the decisions, holding that a guerilla organization's attempt to coerce respondent into performing military service necessarily constituted persecution on account of political opinion under § 101(a)(42) of the Act, 8 U.S.C.S. § 1101(a)(42).
DISCUSSION
- The Supreme Court reversed and determined that the BIA decision should have been upheld.
- First, the record demonstrated that respondent did not have a political motive for resisting recruitment by the guerillas.
- Second, in finding a danger of persecution on account of political opinion, the court of appeals had improperly concluded that persecution was threatened on account of the guerillas' political opinion, rather than respondent's political opinion as required by § 101(a)(42).
The court of appeals' determination that respondent was entitled to asylum was reversed, since a guerilla organization's attempt to coerce respondent into performing military service did not necessarily constitute persecution on account of respondent's political opinion as required by the Immigration and Naturalization Act.
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