Persecution on Account of Political Opinion: Refugee Status after \u3ci\u3eINS v. Elias-Zacarias\u3c/i\u3e, 112 S. Ct. 812 (1992)

In INS v. Elias-Zacarias, the Supreme Court examined the definition of refugee under the Refugee Act of 1980 and found that harm from refusing to join a guerrilla organization is not persecution on account of political opinion as defined under that Act. This decision is incompatible with the intent of the Refugee Act of 1980 and creates onerous burdens of proof for aliens seeking asylum. This Note analyzes the Court\u27s reasoning and concludes that Congress should enact legislation nullifying the Court\u27s decision