INS v. Elias-Zacarias

Elias-Zacarias (defendant), a Guatemalan citizen, fled after armed guerrillas approached him and his parents demanding they join the guerrillas' cause; when he refused, the guerrillas said they would return. He entered the United States in 1987 and was later apprehended by the INS, applying for asylum and withholding of deportation based on fear the guerrillas would retaliate against him or his family if he returned. The immigration judge denied his applications, the Board of Immigration Appeals affirmed, and the Ninth Circuit reversed; the Supreme Court granted certiorari on the government's appeal.