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Keywords

appealhearingmotionburden of proofvisadeportationnaturalizationrespondent
appealhearingmotionburden of proofvisadeportationnaturalizationrespondent

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Stevic; Immigration and Naturalization Service v.

Facts

Respondent, a Yugoslavian citizen, entered the United States in 1976 and overstayed his visa. The Immigration and Naturalization Service initiated deportation proceedings against him, and he filed a motion to withhold deportation based on his membership in a particular social group. The Immigration Judge denied his motion, and the Board of Immigration Appeals upheld that decision, requiring a showing of a clear probability of persecution. The U.S. Court of Appeals for the Second Circuit reversed this decision, stating that the standard should be a 'well-founded fear of persecution' instead.

Respondent, a Yugoslavian citizen, entered the United States in 1976 and overstayed his visa. The Immigration and Naturalization Service initiated deportation proceedings against him, and he filed a motion to withhold deportation based on his membership in a particular social group. The Immigration Judge denied his motion, and the Board of Immigration Appeals upheld that decision, requiring a showing of a clear probability of persecution. The U.S. Court of Appeals for the Second Circuit reversed this decision, stating that the standard should be a 'well-founded fear of persecution' instead.

Issue

Whether a deportable alien must demonstrate a clear probability of persecution in order to obtain relief under 243(h) of the Immigration and Nationality Act.

Whether a deportable alien must demonstrate a clear probability of persecution in order to obtain relief under 243(h) of the Immigration and Nationality Act.

Rule

An alien must establish a clear probability of persecution to avoid deportation under 243(h) of the Immigration and Nationality Act.

An alien must establish a clear probability of persecution to avoid deportation under 243(h) of the Immigration and Nationality Act.

Analysis

The Supreme Court analyzed the legislative history and the standards applied in previous cases regarding withholding of deportation. It concluded that the appellate court's interpretation of the standard of proof was incorrect and that the clear probability standard had been consistently applied prior to the Refugee Act of 1980. The Court emphasized that the language of the Refugee Act did not intend to change the burden of proof required for withholding of deportation.

The Supreme Court analyzed the legislative history and the standards applied in previous cases regarding withholding of deportation. It concluded that the appellate court's interpretation of the standard of proof was incorrect and that the clear probability standard had been consistently applied prior to the Refugee Act of 1980. The Court emphasized that the language of the Refugee Act did not intend to change the burden of proof required for withholding of deportation.

Conclusion

The Supreme Court reversed the decision of the lower court, holding that the lower court improperly administered the wrong standard to the respondent's hearing to withhold deportation, and remanded for a new determination.

The Supreme Court reversed the decision of the lower court, holding that the lower court improperly administered the wrong standard to the respondent's hearing to withhold deportation, and remanded for a new determination.

Who won?

The Immigration and Naturalization Service prevailed in the case because the Supreme Court held that the clear probability standard must be applied for withholding of deportation claims.

The Immigration and Naturalization Service prevailed in the case because the Supreme Court held that the clear probability standard must be applied for withholding of deportation claims.

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