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INS v. CARDOZA-FONSECA

No. 85-782.

480 U.S. 421 (1987)

107 S.Ct. 1207

94 L.Ed.2d 434

IMMIGRATION AND NATURALIZATION SERVICE v. CARDOZA-FONSECA

Supreme Court of United States.

Decided March 9, 1987

Attorney(s) appearing for the Case

Deputy Solicitor General Wallace argued the cause for petitioner. With him on the briefs were Solicitor General Fried, Assistant Attorney General Willard, Deputy Solicitor General Kuhl, Bruce N. Kuhlik, and David V. Bernal.

Dana Marks Keener argued the cause for respondent. With her on the brief was Bill Ong Hing.*

JUSTICE STEVENS delivered the opinion of the Court.

Since 1980, the Immigration and Nationality Act has provided two methods through which an otherwise deportable alien who claims that he will be persecuted if deported can seek relief. Section 243(h) of the Act, 8 U. S. C. § 1253(h), requires the Attorney General to withhold deportation of an alien who demonstrates that his "life or freedom would be threatened" on account...

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