INS v. STEVIC

No. 82-973.

467 U.S. 407 (1984)

IMMIGRATION AND NATURALIZATION SERVICE v. STEVIC

Supreme Court of United States.

Decided June 5, 1984


Attorney(s) appearing for the Case

Deputy Solicitor General Geller argued the cause for petitioner. With him on the briefs were Solicitor General Lee, Assistant Attorney General McGrath, and Barbara E. Etkind.

Ann L. Ritter argued the cause and filed a brief for respondent.*


JUSTICE STEVENS delivered the opinion of the Court.

For over 30 years the Attorney General has possessed statutory authority to withhold the deportation of an alien upon a finding that the alien would be subject to persecution in the country to which he would be deported. The question presented by this case is whether a deportable alien must demonstrate a clear probability of persecution in order to obtain such relief under § 243(h) of the Immigration and Nationality...

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