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INS v. ELIAS-ZACARIAS Opinion of the Court

“[Elias-Zacarias] did not want to join the guerrillas because the guerrillas are against the government and he was afraid that the government would retaliate against him and his family if he did join the guerrillas. [H]e left Guatemala at the end of March [1987]. . . because he was afraid that the guerrillas would return.” App. to Pet. for Cert. 40a–41a. The Immigration Judge understood from this testimony that Elias-Zacarias’ request for asylum and for withholding of deportation was “based on this one attempted recruitment by the guerrillas.” Id., at 41a. She concluded that EliasZacarias had failed to demonstrate persecution or a wellfounded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion, and was not eligible for asylum. See 8 U. S. C. §§ 1101(a)(42), 1158(a). She further concluded that he did not qualify for withholding of deportation. The Board of Immigration Appeals (BIA) summarily dismissed Elias-Zacarias’ appeal on procedural grounds. EliasZacarias then moved the BIA to reopen his deportation hearing so that he could submit new evidence that, following his departure from Guatemala, the guerrillas had twice returned to his family’s home in continued efforts to recruit him. The BIA denied reopening on the ground that even with this new evidence Elias-Zacarias had failed to make a prima facie showing of eligibility for asylum and had failed to show that the results of his deportation hearing would be changed. The Court of Appeals for the Ninth Circuit, treating the BIA’s denial of the motion to reopen as an affirmance on the merits of the Immigration Judge’s ruling, reversed. 921 F. 2d 844 (1990). The court ruled that acts of conscription by a nongovernmental group constitute persecution on account of political opinion, and determined that Elias-Zacarias had a “well-founded fear” of such conscription. Id., at 850– 852. We granted certiorari. 500 U. S. 915 (1991).