Page:United States Reports 502 OCT. TERM 1991.pdf/642

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INS v. ELIAS-ZACARIAS Stevens, J., dissenting

so compelling that no reasonable factfinder could fail to find the requisite fear of persecution. That he has not done. The BIA’s determination should therefore have been upheld in all respects, and we reverse the Court of Appeals’ judgment to the contrary. It is so ordered. Justice Stevens, with whom Justice Blackmun and Justice O’Connor join, dissenting. Respondent refused to join a guerrilla organization that engaged in forced recruitment in Guatemala. He fled the country because he was afraid the guerrillas would return and “take me and kill me.” 1 After his departure, armed guerrillas visited his family on two occasions searching for him. In testimony that the hearing officer credited, he stated that he is still afraid to return to Guatemala because “these people” can come back to “take me or kill me.” 2 It is undisputed that respondent has a well-founded fear that he will be harmed, if not killed, if he returns to Guatemala. It is also undisputed that the cause of that harm, if it should occur, is the guerrilla organization’s displeasure with his refusal to join them in their armed insurrection against the government. The question of law that the case presents is whether respondent’s well-founded fear is a “fear of persecution on account of. . . political opinion” within the meaning of § 101(a)(42) of the Immigration and Nationality Act.3 1

App. to Brief in Opposition 5a. Id., at 6a. 3 Section 101(a)(42), as codified in 8 U. S. C. § 1101(a)(42), provides: “(a) As used in this chapter— . . . . . “(42) The term ‘refugee’ means (A) any person who is outside any country of such person’s nationality or, in the case of a person having no nationality, is outside any country in which such person last habitually resided, and who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of, that country because of perse2