INS v. Cardoza-Fonseca
United States Supreme Court
480 U.S. 421 (1987)
Cardoza-Fonseca (defendant), a Nicaraguan citizen who overstayed her visitor visa, faced deportation proceedings and applied both for withholding of deportation under section 243(h) and for asylum as a refugee under section 208(a), testifying that her brother had been tortured for his political beliefs and that the Sandinistas would interrogate and torture her about his activities if she returned. Her applications were denied, and the case reached the Supreme Court on the government's appeal.
Whether an alien's showing of a well-founded fear of persecution sufficient for refugee/asylum status under section 208(a) also satisfies section 243(h)'s separate requirement that the alien's life or freedom would be threatened if deported.