## Facts

- Jairo Jonathan Elias-Zacarias, a Guatemalan national, entered the United States without inspection and was placed in deportation proceedings.
- He applied for asylum and withholding of deportation, claiming a fear of persecution if returned to Guatemala.
- He testified that two armed guerrillas came to his home and demanded that he and his parents join them; all refused.
- The guerrillas threatened to return and either recruit him or kill him and his family if he did not join.
- Elias-Zacarias left Guatemala in March 1987, stating he feared the guerrillas would carry out their threat.
- He testified he did not want to join because the guerrillas were against the government and he feared government retaliation if he joined the guerrillas.
- An immigration judge denied relief; the Board of Immigration Appeals (BIA) dismissed the appeal and later denied a motion to reopen (based on claimed continued recruitment attempts) for failure to show prima facie eligibility.
- The Ninth Circuit reversed, treating guerrilla conscription as persecution on account of political opinion.

## Issues

1. Whether a guerrilla group’s attempt to coerce military service necessarily constitutes persecution “on account of ... political opinion” under INA § 101(a)(42)(A).
2. Whether the record compelled overturning the BIA’s factual determination that Elias-Zacarias failed to show a well-founded fear of persecution on account of political opinion.

## Decision

- The Supreme Court reversed the Ninth Circuit and sustained the BIA’s denial of asylum.
- The Court held that forced recruitment by a guerrilla organization does not necessarily amount to persecution on account of political opinion.
- The Court held that the statute requires persecution because of the victim’s political opinion (actual or imputed), not merely because the persecutor has political goals.
- Applying the substantial-evidence standard, the Court concluded the record did not compel a finding that Elias-Zacarias was targeted because of his political opinion.

## Legal Principles

- To qualify as a “refugee” under INA § 101(a)(42)(A), an applicant must show persecution or a well-founded fear of persecution on account of a protected ground, including political opinion.
- “On account of ... political opinion” requires a causal nexus: the persecutor must act because of the victim’s political opinion (actual or imputed), not simply because the persecutor is political.
- Resistance to recruitment, without more, does not establish that the persecutor attributed a political opinion to the applicant or acted because of such an opinion.
- Appellate courts may not overturn BIA factfinding unless the evidence is so compelling that no reasonable factfinder could fail to find the required nexus and fear of persecution (substantial-evidence review).

## Conclusion

The Court held that coercive guerrilla recruitment and threats, standing alone, do not establish persecution on account of political opinion; asylum requires proof that the applicant was targeted because of the applicant’s actual or imputed political opinion, and the record did not compel reversing the BIA’s contrary determination.


Immigration & Naturalization Serv. v. Elias-Zacarias, 502 U.S. 478 (1992)