Immigration and Naturalization Service v. Elias-Zacarias: A Departure from the Past

This Comment argues that the standards enunciated by the Supreme Court in Elias-Zacarias should not be applied beyond cases involving persecution on account of political opinion. Part I sets out the relevant statutes, treaties, and international documents that control U.S. asylum law. Part II describes the majority and dissenting opinions in Elias-Zacarias. Part III analyzes the Supreme Court's decision in Elias-Zacarias and argues that the decision was misguided in its approach.

This Comment concludes that Elias-Zacarias should be limited in its future application so that the United States can maintain its compliance with international treaty obligations.