502us2$29Z 01-22-99 08:39:25 PAGES OPINPGT
Cite as: 502 U. S. 478 (1992)
479
Opinion of the Court
James Robertson argued the cause for respondent. With him on the brief were Carol F. Lee and Peter A. Von Mehren.* 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 EliasZacarias 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.
- Briefs of amici curiae urging affirmance were filed for the American Immigration Lawyers Association by Kevin R. Johnson, Joshua R.
Floum, and Robert Rubin; for the Lawyers Committee for Human Rights et al. by Arthur C. Helton, O. Thomas Johnson, Jr., and Andrew I. Schoenholtz; and for the United Nations High Commissioner for Refugees by Arthur L. Bentley III and Julian Fleet.
