Immigration and Naturalization Service v. Stevic
Encyclopedia
In Immigration and Naturalization Service v. Stevic, 467 U.S. 407
(1984), the U.S. Supreme Court decided that an alien seeking to avoid deportation
proceedings by claiming that he would be persecuted if returned to his native land must show a "clear probability" that he will be persecuted there.
, entered the United States to visit his sister in Chicago
. He overstayed his visa
, and the Immigration and Naturalization Service
began deportation proceedings against him. At the hearing, Stevic conceded that he was deportable and agreed to leave by February 1977. In January of that year, however, he married a United States citizen, who applied for a visa on Stevic's behalf. When Stevic's wife died in a car accident shortly after the wedding, however, the visa was automatically revoked, and the INS ordered Stevic deported.
Stevic then sought withholding of deportation, claiming that he would be persecuted in Yugoslavia for anti-Communist activities in which he had engaged after his wedding. He also said that his father-in-law had been imprisoned there, also for anti-Communist activities. He claimed he feared persecution should he return to Yugoslavia. The Board of Immigration Appeals
ultimately denied his application without a hearing, explaining that Stevic had not presented any further evidence he would be persecuted in Yugoslavia. The BIA also rejected Stevic's second attempt in 1980 to forestall deportation, despite a change in the law passed by Congress that arguably might have been more favorable to Stevic.
Stevic appealed the 1980 decision to the Second Circuit Court of Appeals
. That court held that the law simply required an alien to show a well-founded fear of persecution, instead of a clear probability, and remanded the case to the immigration department for a plenary hearing. The INS asked the Supreme Court to hear the case.
Protocol Relating to the Status of Refugees
, to which the United States acceded in 1968; and U.S. law between 1968 and 1980.
Before 1968, U.S. law required an alien to demonstrate a clear probability of persecution in order to be eligible for withholding of deportation. But withholding of deportation was only available to aliens within the United States and not at the border; the U.S. Attorney General could not conditionally admit aliens for limited purposes until 1976. The United States acceded to the U.N. protocol on refugees in 1968, but both the President and the Senate believed that acceding to the protocol would require no modification of statutory law. In 1973, however, the BIA confronted the issue of whether acceding to the U.N. protocol modified the standard for withholding of deportation. It concluded the protocol did not change the standard. Nevertheless, the term "well-founded fear" crept into some court decisions. The Seventh Circuit concluded in 1977 that a well-founded fear of persecution was functionally equivalent to a clear probability of persecution, and the Second, Fifth, and Ninth Circuits reached the same conclusion as well.
In 1980, Congress finally conformed U.S. statutory law to the U.N. protocol. But these modifications did not clarify how great a possibiltiy of persecution must exist before the alien can qualify for withholding of removal. The statute spoke of withholding if the alien's life "would" be threatened, not if it "might" or "could" be threatened. Other statutes dealing with the discretionary grant of asylum referred to the well-founded-fear standard; the statutes dealing with withholding of deportation, by contrast, did not. The Court thus concluded that there was some higher standard required for the alien to receive the mandatory relief of withholding of removal. The Court assumed, arguendo, that the standard for discretionary relief was lower than that for mandatory relief, and thus held that "an application [for withholding of deportation] be supported by evidence establishing that it is more likely than not that the alien would be subject to persecution on one of the specified grounds".
The Court determined that "The Court of Appeals granted respondent relief based on its understanding of a standard which, even if properly understood, does not entitle an alien to withholding of deportation under 243(h). Our holding does, of course, require the Court of Appeals to reexamine this record to determine whether the evidence submitted by respondent entitles him to a plenary hearing under the proper standard. The judgment of the Court of Appeals is reversed, and the cause is remanded for further proceedings consistent with this opinion."
Stevic was thus remanded back to the Second Circuit to determine whether the alien would be entitled to withholding of deportation under the standard the Supreme Court articulated.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1984), the U.S. Supreme Court decided that an alien seeking to avoid deportation
Deportation
Deportation means the expulsion of a person or group of people from a place or country. Today it often refers to the expulsion of foreign nationals whereas the expulsion of nationals is called banishment, exile, or penal transportation...
proceedings by claiming that he would be persecuted if returned to his native land must show a "clear probability" that he will be persecuted there.
Facts
In 1976, Stevic (first name unknown), a citizen of YugoslaviaYugoslavia
Yugoslavia refers to three political entities that existed successively on the western part of the Balkans during most of the 20th century....
, entered the United States to visit his sister in Chicago
Chicago
Chicago is the largest city in the US state of Illinois. With nearly 2.7 million residents, it is the most populous city in the Midwestern United States and the third most populous in the US, after New York City and Los Angeles...
. He overstayed his visa
Visa (document)
A visa is a document showing that a person is authorized to enter the territory for which it was issued, subject to permission of an immigration official at the time of actual entry. The authorization may be a document, but more commonly it is a stamp endorsed in the applicant's passport...
, and the Immigration and Naturalization Service
Immigration and Naturalization Service
The United States Immigration and Naturalization Service , now referred to as Legacy INS, ceased to exist under that name on March 1, 2003, when most of its functions were transferred from the Department of Justice to three new components within the newly created Department of Homeland Security, as...
began deportation proceedings against him. At the hearing, Stevic conceded that he was deportable and agreed to leave by February 1977. In January of that year, however, he married a United States citizen, who applied for a visa on Stevic's behalf. When Stevic's wife died in a car accident shortly after the wedding, however, the visa was automatically revoked, and the INS ordered Stevic deported.
Stevic then sought withholding of deportation, claiming that he would be persecuted in Yugoslavia for anti-Communist activities in which he had engaged after his wedding. He also said that his father-in-law had been imprisoned there, also for anti-Communist activities. He claimed he feared persecution should he return to Yugoslavia. The Board of Immigration Appeals
Board of Immigration Appeals
The Board of Immigration Appeals is the part of the Executive Office for Immigration Review that reviews the decisions of the Immigration Courts and some decisions of the U.S. Citizenship and Immigration Services. It is an administrative appellate body that is part of the United States Department...
ultimately denied his application without a hearing, explaining that Stevic had not presented any further evidence he would be persecuted in Yugoslavia. The BIA also rejected Stevic's second attempt in 1980 to forestall deportation, despite a change in the law passed by Congress that arguably might have been more favorable to Stevic.
Stevic appealed the 1980 decision to the Second Circuit Court of Appeals
United States Court of Appeals for the Second Circuit
The United States Court of Appeals for the Second Circuit is one of the thirteen United States Courts of Appeals...
. That court held that the law simply required an alien to show a well-founded fear of persecution, instead of a clear probability, and remanded the case to the immigration department for a plenary hearing. The INS asked the Supreme Court to hear the case.
Majority Opinion
This case centered on the change of the law imposed by Congress in 1980, and whether that change lowered the standard for claiming asylum from a clear probability of persecution to a well-founded fear of persecution. The Court stated that "in 1980 Congress intended to adopt a standard of withholding of deportation claims by reference to pre-existing sources of law". There were three such sources—U.S. law before 1968; the United NationsUnited Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
Protocol Relating to the Status of Refugees
Convention Relating to the Status of Refugees
The United Nations Convention Relating to the Status of Refugees is an international convention that defines who is a refugee, and sets out the rights of individuals who are granted asylum and the responsibilities of nations that grant asylum. The Convention also sets out which people do not...
, to which the United States acceded in 1968; and U.S. law between 1968 and 1980.
Before 1968, U.S. law required an alien to demonstrate a clear probability of persecution in order to be eligible for withholding of deportation. But withholding of deportation was only available to aliens within the United States and not at the border; the U.S. Attorney General could not conditionally admit aliens for limited purposes until 1976. The United States acceded to the U.N. protocol on refugees in 1968, but both the President and the Senate believed that acceding to the protocol would require no modification of statutory law. In 1973, however, the BIA confronted the issue of whether acceding to the U.N. protocol modified the standard for withholding of deportation. It concluded the protocol did not change the standard. Nevertheless, the term "well-founded fear" crept into some court decisions. The Seventh Circuit concluded in 1977 that a well-founded fear of persecution was functionally equivalent to a clear probability of persecution, and the Second, Fifth, and Ninth Circuits reached the same conclusion as well.
In 1980, Congress finally conformed U.S. statutory law to the U.N. protocol. But these modifications did not clarify how great a possibiltiy of persecution must exist before the alien can qualify for withholding of removal. The statute spoke of withholding if the alien's life "would" be threatened, not if it "might" or "could" be threatened. Other statutes dealing with the discretionary grant of asylum referred to the well-founded-fear standard; the statutes dealing with withholding of deportation, by contrast, did not. The Court thus concluded that there was some higher standard required for the alien to receive the mandatory relief of withholding of removal. The Court assumed, arguendo, that the standard for discretionary relief was lower than that for mandatory relief, and thus held that "an application [for withholding of deportation] be supported by evidence establishing that it is more likely than not that the alien would be subject to persecution on one of the specified grounds".
The Court determined that "The Court of Appeals granted respondent relief based on its understanding of a standard which, even if properly understood, does not entitle an alien to withholding of deportation under 243(h). Our holding does, of course, require the Court of Appeals to reexamine this record to determine whether the evidence submitted by respondent entitles him to a plenary hearing under the proper standard. The judgment of the Court of Appeals is reversed, and the cause is remanded for further proceedings consistent with this opinion."
Stevic was thus remanded back to the Second Circuit to determine whether the alien would be entitled to withholding of deportation under the standard the Supreme Court articulated.