Friday, December 3, 2010
Jessica Slavin has written "Most Important United States Supreme Court Case in Refugee Law: I.N.S. v. Elias-Zacarias." Although I have written about the Court's narrow interpretation of the "on account of" requirement for refugee status in INS v. Elias-Zacarias (see, e.g., Download Zacarias), I tend to think that the two cases she mentions at the outset -- Sale v. Haitian Centers Council, Inc., 509 U.S. 155 (1993) (upholding the Haitian interdiction and repatriation program) and INS v. Cardoza-Fonseca, 480 U.S. 421 (1987) (briefed in the Supreme Court by ImmigrationProf blogger Bill Hing), which held that the evidentiary burden for asylum is "more generous" than that for a related form of relief, withholding of deportation -- are probably more significant decisions.