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Immigration and Naturalization Service v. Cardoza-Fonseca
Published online by Cambridge University Press: 27 February 2017
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- Type
- Judicial Decisions
- Information
- Copyright
- Copyright © American Society of International Law 1987
References
1 107 S.Ct. 1207, 1209 (quoting INS v. Stevic, 467 U.S. 407, 429–30 (1984)).
2 107 S.Ct. at 1212.
3 Id. at 1212–13.
4 T o illustrate this principle, the Court cited with approval a hypothetical suggested by A. Grahl-Madsen, an authority on refugee law:
Let us . . . presume that it is known that in the applicant’s country of origin every tenth adult male person is either put to death or sent to some remote labor camp. . . . In such a case it would be only too apparent that anyone who has managed to escape from the country in question will have “well–founded fear of being persecuted” upon his eventual return.
Id. at 1213 (quoting 1 Grahl-Madsen, A., The Status of Refugees in International Law 180 (1966)Google Scholar).
5 107 S.Ct. at 1212.
6 Done Jan. 31, 1967, 19 UST 6223, TIAS No. 6577, 606 UNTS 267.
7 107S.Ct. at 1216.
8 Id. at 1217.
9 Id. at 1218–19.
10 Id. at 1221.
11 Id. at 1223 (Blackmun, J., concurring).
12 Id.
13 Id.
14 Id.
15 Id. at 1227–28 (Powell, J., dissenting).