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Administrative Law Keyed to Aman
Immigration and Naturalization Service v. Cardoza-Fonseca
Citation:
480 U.S. 421, 107 S. Ct. 1207, 94 L. Ed. 2d 434 (1987)Facts
Cardoza-Fonseca entered the United States in 1979 as a visitor from Nicaragua. After remaining longer than permitted and failing to take advantage of voluntary departure, the INS commenced deportation proceedings against her. She conceded being in the country illegally but requested asylum under Section 208(a) and withholding of deportation under Section 243(h). Her claim was based primarily on her brother’s political activities in Nicaragua, for which he had been tortured and imprisoned. She testified that although she had not been politically active herself, the Sandinistas knew she and her brother had fled Nicaragua together, and she feared interrogation about her brother’s whereabouts. She also claimed her own political opposition to the Sandinistas would be brought to the government’s attention because of her brother’s status. Both the Immigration Judge and the BIA applied the “clear probability” standard to both claims and denied relief, finding she had not established she would suffer persecution.
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