Cite as: 526 U. S. 415 (1999)
Syllabus
cious acts. Nor is there any reason to find such equivalence. In common usage, "atrocious" suggests a deed more culpable and aggravated than a serious one. In light of this conclusion, the Court rejects the Ninth Circuit's suggestion that the BIA was required to compare the facts of this case with Circuit precedent on atrociousness. Pp. 428-431.
(d) The Ninth Circuit also erred to the extent it believed the BIA had to give more express consideration to the necessity and success of respondent's actions than it did. Although the Attorney General has suggested that a crime will not be deemed political unless it has a causal link to the alleged political purpose and object, the BIA was required to do no more than find that respondent's acts were not political based on the lack of proportion with his objectives. Even with a clear causal connection, a lack of proportion may render crimes nonpolitical. Moreover, respondent had the burden of proving entitlement to withholding, yet he failed to submit a brief to the BIA and the Immigration Judge did not address this point. In these circumstances, the BIA's rather cursory discussion does not warrant reversal. Pp. 431-432.
(e) The Court does not address respondent's argument, raised at this late stage, that there are errors in the translation and transcription of his testimony. Should the BIA determine modification of the record is necessary, it can decide whether to consider the withholding issue further. Pp. 432-433.
121 F. 3d 521, reversed and remanded.
Kennedy, J., delivered the opinion for a unanimous Court.
Patricia A. Millett argued the cause for petitioner. With her on the briefs were Solicitor General Waxman, Assistant Attorney General Hunger, Deputy Solicitor General Kneed-ler, 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.*
*Briefs of amici curiae urging affirmance were filed for the Massachusetts Law Reform Institute et al. by Iris Gomez; for the Lawyers Committee for Human Rights by Sheldon E. Hochberg; and for the Office of the United Nations High Commissioner for Refugees by Daniel Wolf, Regina Germain, and Andrew I. Schoenholtz.
417
Page: Index Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: October 4, 2007