Immigration and Naturalization Service v. Elias-Zacarias
1992 United States Supreme Court case / From Wikipedia, the free encyclopedia
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Immigration and Naturalization Service v. Elias-Zacarias, 502 U.S. 478 (1992), is a case in which the United States Supreme Court ruled that a Guatemalan man seeking asylum in the United States of America as a result of forced conscription in a guerrilla army did not establish persecution on account of political opinion, a legal requirement for asylum.
Quick Facts Immigration and Naturalization Service v. Elias-Zacarias, Argued November 4, 1991 Decided January 22, 1992 ...
Immigration and Naturalization Service v. Elias-Zacarias | |
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Argued November 4, 1991 Decided January 22, 1992 | |
Full case name | Immigration and Naturalization Service, Petitioner v. Jairo Jonathan Elias-Zacarias |
Citations | 502 U.S. 478 (more) 112 S. Ct. 812; 117 L. Ed. 2d 38; 1992 U.S. LEXIS 550; 60 U.S.L.W. 4130; 92 Cal. Daily Op. Service 614; 92 Daily Journal DAR 983 |
Case history | |
Prior | On writ of certiorari to the United States Court of Appeals for the Ninth Circuit |
Holding | |
A guerrilla organization's attempt to coerce a person into performing military service does not necessarily constitute "persecution on account of ... political opinion" under the Immigration and Nationality Act. | |
Court membership | |
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Case opinions | |
Majority | Scalia, joined by Rehnquist, White, Kennedy, Souter, Thomas |
Dissent | Stevens, joined by Blackmun, O'Connor |
Laws applied | |
Immigration and Nationality Act, 8 U.S.C. § 1101(a)(42) |
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