## Facts

- Liadakis, a native and citizen of Greece, last entered the United States on July 15, 1960 as a nonimmigrant crewman.
- He remained beyond his authorized period, conceded deportability under INA § 241(a)(2), and was ordered deported to Germany (with Greece as an alternate country).
- After entry, he converted to Jehovah’s Witnesses; letters from ministers corroborated his membership.
- Evidence indicated Greece constitutionally protects non-Orthodox worship but forbids proselytism and interference with the dominant Eastern Orthodox Church.
- A religious organization reported that Jehovah’s Witnesses in Greece had been charged with proselytism; some received fines and imprisonment up to five months, while others were tried and discharged.
- Liadakis testified that if returned to Greece he would evangelize door-to-door and expected imprisonment for proselytizing.
- Proceedings were reopened to permit an application for withholding of deportation under INA § 243(h); the special inquiry officer denied relief, and Liadakis appealed.

## Issues

1. Whether the likelihood of prosecution, fines, and short-term imprisonment in Greece for religious proselytism constituted “physical persecution” under INA § 243(h).
2. Whether restrictions and penalties that would conflict with U.S. First Amendment norms require withholding of deportation under § 243(h).

## Decision

- The BIA dismissed the appeal and affirmed denial of withholding of deportation under INA § 243(h).
- The BIA agreed that the record showed, at most, possible prosecution and limited confinement for proselytism, which did not establish “physical persecution” within the meaning of the statute.
- The deportation order to Germany, with Greece as an alternate, remained in effect.

## Legal Principles

- Under former INA § 243(h), an applicant must show a probability of “physical persecution” in the country of deportation; ordinary prosecution or official opposition tied to enforcement of generally applicable laws is insufficient without evidence of qualifying persecution.
- Short-term imprisonment and fines imposed for proselytism, as reflected in the record, did not meet the statutory threshold for “physical persecution.”
- The § 243(h) inquiry does not turn on whether the foreign country’s restrictions would violate U.S. constitutional protections; the controlling question is whether the anticipated harm amounts to “physical persecution” as required by the statute.

## Conclusion

The BIA held that a Greek Jehovah’s Witness convert did not establish eligibility for withholding of deportation under INA § 243(h) because the evidence showed only a risk of prosecution and limited confinement for proselytism, not “physical persecution” as the statute required.


Matter of Liadakis, 10 I. & N. Dec. 252 (B.I.A. 1963)