Page:United States Reports 502 OCT. TERM 1991.pdf/646

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

U. S. 214, 225 (1966); Costello v. INS, 376 U. S. 120, 128 (1964); Fong Haw Tan v. Phelan, 333 U. S. 6, 10 (1948). “Deportation is always a harsh measure; it is all the more replete with danger when the alien makes a claim that he or she will be subject to death or persecution if forced to return to his or her home country. In enacting the Refugee Act of 1980 Congress sought to ‘give the United States sufficient flexibility to respond to situations involving political or religious dissidents and detainees throughout the world.’ H. R. Rep. [96–608, p. 9 (1979)]. Our holding today increases that flexibility by rejecting the Government’s contention that the Attorney General may not even consider granting asylum to one who fails to satisfy the strict § 243(h) standard. Whether or not a ‘refugee’ is eventually granted asylum is a matter which Congress has left for the Attorney General to decide. But it is clear that Congress did not intend to restrict eligibility for that relief to those who could prove that it is more likely than not that they will be persecuted if deported.” 480 U. S., at 449–450. Similar reasoning should resolve any doubts concerning the political character of an alien’s refusal to take arms against a legitimate government in favor of the alien. In my opinion, the record in this case is more than adequate to support the conclusion that this respondent’s refusal was a form of expressive conduct that constituted the statement of a “political opinion” within the meaning of § 208(a).5 5

Here, respondent not only engaged in expressive conduct by refusing to join the guerrilla organization but also explained that he did so “[b]ecause they see very well, that if you join the guerrillas. . . then you are against the government. You are against the government and if you join them then it is to die there. And, then the government is against you and against your family.” App. to Brief in Opposition 5a. Respondent thus expressed the political view that he was for the government and against the guerrillas. The statute speaks simply in terms of a political opinion and does not require that the view be well developed or elegantly expressed.