In INS v. Elias-Zacarias, the Supreme Court examined the definition of "refugee" under the Refugee Act of 1980 and found that harm from refusing to join a guerrilla organization is not "persecution on account of political opinion" as defined under that Act. This decision is incompatible with the intent of the Refugee Act of 1980 and creates onerous burdens of proof for aliens seeking asylum. This Note analyzes the Court's reasoning and concludes that Congress should enact legislation nullifying the Court's decision.
Craig A. Fielden,
Persecution on Account of Political Opinion: "Refugee" Status after INS v. Elias-Zacarias, 112 S. Ct. 812 (1992),
67 Wash. L. Rev.
Available at: https://digitalcommons.law.uw.edu/wlr/vol67/iss4/8