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.