Guatemalan native petitioned for review of denial of application for political asylum and withholding of deportation. The Court of Appeals, 921 F.2d 844, determined that native had well-founded fear of persecution on account of political opinion. Certiorari was granted. The Supreme Court, Justice Scalia, held that: (1) guerrilla organization's attempt to conscript Guatemalan native into its military forces did not necessarily constitute "persecution on account of political opinion" within meaning of statute permitting asylum if alien is unable or unwilling to return to home country because of persecution or well-founded fear of persecution on account of political opinion, and (2) alien who testified that he refused to join guerrillas because he was afraid that government would retaliate against him and his family failed to show eligibility for asylum.
502 US 478 (1992)
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Ultimately, the responsibility for immigration in the United States would pass from the superintendent’s office through a number of other government agencies to become what was eventually known as the INS
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