Immigration and Naturalization Service v. Jairo Jonathan Elias-zacarias (502 U.S. 478)
U.S. Supreme Court · decided January 22, 1992 · Supreme Court Database (Spaeth)
- Citation
- 502 U.S. 478 · 112 S. Ct. 812
- Decided
- January 22, 1992
- Term
- October Term 1991
- Vote
- 6–3
- Majority author
- Justice Scalia
- Issue area
- Civil Rights
- Disposition
- Reversed
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
Opinion excerpt
Justice Scalia delivered the opinion of the Court. The principal question presented by this case is whether a guerrilla organization’s attempt to coerce a person into performing military service necessarily constitutes “persecution on account of . . . political opinion” under § 101(a)(42) of the Immigration and Nationality Act, as added, 94 Stat. 102, 8 U. S. C. § 1101(a)(42). I Respondent Elias-Zacarias, a native of Guatemala, was apprehended in July 1987 for entering the United States without inspection. In deportation proceedings brought by petitioner Immigration and Naturalization Service (INS), Elias-Zacarias conceded his deportability but requested asylum and withholding of deportation. The Immigration Judge summarized Elias-Zacarias’ testimony as follows: “[A]round the end of January in 1987 [when Elias-Zacarias was 18], two armed, uniformed guerrillas with handkerchiefs covering part of their faces came to his home. Only he and his parents were there. . . . [T]he guerrillas asked his parents and himself to join with them, but they all refused. The guerrillas asked them why and told them that they would be back, and that they should think it over about joining them. “[Elias-Zacarias] did not want to join the guerrillas because the guerrillas are against the government and he was afraid that the government would retaliate against him and his family if he did join the…
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