Immigration & Naturalization Service v. Cardoza Fonseca

480 U.S. 421 (1987)

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Nature of the Case

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Facts

Section 208(a) of the Immigration Act permits the attorney general to grant asylum to an alien who does not wish to return home because of a well-founded fear of persecution. The INS has held that to qualify under this statute, the alien must show that persecution is more likely than not. Under Section 243(h), an alien must show a clear probability of persecution; persecution is more likely than not. Section 243 is used if the Attorney General determines that an alien's life or the alien would be threatened for reasons such as race, religion, nationality, or political belief. The INS determined that an alien must show a clear probability of persecution to prevent deportation under 243(h). The INS determined that an alien must show a clear probability of persecution such that persecution is more likely than not under 208 (a). The legislative history indicates that Congress intended 208(a) to be a subjective belief and thus a broader standard than 243(h) which was to be an objective belief and much narrower in application.