Immigration & Naturalization Service v. Elias-Zacarias
- Decided
- January 22, 1992
- Docket
- 90-1342
- Status
- Published
- Jurisdiction
- Federal
Cited 8,324 timesSuperseded by statute (verified)Possible negative treatment: superseded by statute (1 of 9 verified; none is a verified overruling) · Martinez Gomez v. Garland
What later courts said
- holding that the BIA’s decision can be reversed only where the petitioner’s evidence “compels” a reasonable factfinder to find in his or her favor — He Chun Chen, A/K/A He Zhong Chen v. John Ashcroft, Attorney General of the United States, He Chun Chen (2004)
- holding that the victim of persecution must provide direct or circumstantial evidence of the persecutor’s motive because the Act makes motive critical — Vicente Osorio v. Immigration and Naturalization Service, Lawyers Committee for Human Rights, Amicus Curiae (1994)
- holding that a factfinder’s rulings will be upheld if “supported by reasonable, substantial, and probative evidence on the record considered as a whole” — Ceraj v. Mukasey (2007)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
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
Statutes cited
Cite this
Immigration & Naturalization Service v. Elias-Zacarias, 502 U.S. 478 (1992)Read the full opinion
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