Opinion of the Court
A Person Who Was Forced to Participate in the Persecution of Individuals Is Not Barred From Seeking Asylum in the United States
The following is excerpted from the summary of the majority opinion written by Justice Kennedy, as prepared by the Court Reporter of Decisions: The Board of Immigration Appeals (BIA) and Fifth Circuit misapplied Fedorenko v. United States (1981) as mandating that whether an alien is compelled to assist in persecution is immaterial for prosecutor-bar purposes. The BIA must interpret the statute, free from this mistaken legal premise, in the first instance. Under Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. (1984), the BIA is entitled to deference in interpreting ambiguous Immigration and Nationality Act (INA) provisions. When the BIA…
