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INS v. ELIAS-ZACARIAS

No. 90-1342.

502 U.S. 478 (1992)

112 S.Ct. 812

117 L.Ed.2d 38

IMMIGRATION AND NATURALIZATION SERVICE v. ELIAS-ZACARIAS

Supreme Court of United States.

Decided January 22, 1992.

Attorney(s) appearing for the Case

Maureen E. Mahoney argued the cause for petitioner. On the briefs were Solicitor General Starr, Assistant Attorney General Gerson, Acting Deputy Solicitor General Wright, Stephen J. Marzen, and Alice M. King.

James Robertson argued the cause for respondent. With him on the brief were Carol F. Lee and Peter A. Von Mehren.*

Scalia, J., delivered the opinion of the Court, in which Rehnquist, C. J., and White, Kennedy, Souter, and Thomas, JJ., joined. Stevens, J., filed a dissenting opinion, in which Blackmun and O'Connor, JJ., joined, p. 484.

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,...

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