INS v. AGUIRRE-AGUIRRE

No. 97-1754.

526 U.S. 415 (1999)

IMMIGRATION AND NATURALIZATION SERVICE v. AGUIRRE-AGUIRRE

United States Supreme Court.

Decided May 3, 1999.


Attorney(s) appearing for the Case

Patricia A. Millett argued the cause for petitioner. With her on the briefs were Solicitor General Waxman, Assistant Attorney General Hunger, Deputy Solicitor General Kneedler, Alison R. Drucker, and M. Jocelyn Lopez Wright.

Nadine K. Wettstein argued the cause for respondent. With her on the brief were Ira J. Kurzban, Karen Musalo, and Carolyn Patty Blum.*

Kennedy, J., delivered the opinion for a unanimous Court.


Justice Kennedy, delivered the opinion of the Court.

We granted certiorari to consider the analysis employed by the Court of Appeals in setting aside a determination of the Board of Immigration Appeals (BIA). The BIA ruled that respondent, a native and citizen of Guatemala, was not entitled to withholding of deportation based on his expressed fear of persecution for earlier political activities in Guatemala. The issue in...

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