INS v. Elias-Zacarias, 502 U.S. 478, 13 (1992)
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United States Supreme Court > 502 U.S. > INS v. Elias-Zacarias, 502 U.S. 478, 13 (1992)
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490
INS v. ELIAS-ZACARIAS
Stevens, J., dissenting
cuted on account of his political opinion. 480 U. S., at 440
(quoting INS v. Stevic, 467 U. S. 407, 425 (1984)). Because
respondent expressed a political opinion by refusing to join
the guerrillas, and they responded by threatening to "take"
or to "kill" him if he did not change his mind, his fear that
the guerrillas will persecute him on account of his political
opinion is well founded.7
Accordingly, I would affirm the judgment of the Court of
Appeals.
7 In response to this dissent, the Court suggests that respondent and I
have exaggerated the "well foundedness" of his fear. See ante, at 483,
n. 2. The Court's legal analysis, however, would produce precisely the
same result no matter how unambiguous the guerrillas' threatened retaliation might have been. Moreover, any doubts concerning the sinister character of a suggestion to "think it over" delivered by two uniformed
masked men carrying machine guns should be resolved in respondent's
favor.
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