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INS v. Cardoza-Fonseca

United States Supreme Court
480 U.S. 421 (1987)


Facts

Cardoza-Fonseca (defendant) is a Nicaraguan citizen who entered the United States in 1979 as a visitor and remained longer than authorized. The Immigration and Naturalization Service (INS) began deportation proceedings against her after she refused to depart voluntarily.  Cardoza-Fonseca applies for withholding of deportation pursuant to section 243(h) of the Immigration and Nationality of 1952 (INA) and asylum as a refugee under section 208(a) of the INA. She testified that her brother had been tortured because of his political beliefs, and that the Sandinstas would interrogate and torture Cardoza-Fonseca about his whereabouts and activities if she returned. Her applications were denied, and the Supreme Court granted certiorari on her appeal.

Rule of Law

Issue

Holding and Reasoning (Stevens, J.)

Dissent (Powell, J.)

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