Supreme Court of the United States

Immigration and Naturalization Service v. Aguirre-Aguirre

May 3, 1999526 U.S. 415

Summary

Justice Kennedy, writing for a unanimous Court, held that the Court of Appeals failed to accord Chevron deference to the BIA’s interpretation of the serious nonpolitical crime exception to withholding of deportation. The BIA permissibly declined to balance the applicant’s crimes against his risk of persecution. It also was not required expressly to determine whether his acts were atrocious, compare them with atrocities in another case, or further examine their political necessity and success after finding their criminal character disproportionate to their political objectives. The Court reversed and remanded. It declined to address alleged translation and transcription errors raised for the first time in this Court. There were no separate opinions.

Holding

  • Deference to the BIA’s interpretation of the serious nonpolitical crime exception.. Chevron deference applies to the BIA’s interpretation of ambiguous terms in the exception, including interpretations developed through case-by-case adjudication.
  • Balancing criminal conduct against the risk of persecution.. The BIA permissibly interpreted the exception not to require balancing an applicant’s criminal acts against the persecution he might face.
  • Express consideration of atrociousness and comparison with prior atrocities.. The BIA need not expressly consider atrociousness in every case or compare the applicant’s conduct with atrocities in a prior case when it finds that the criminal aspect of the conduct outweighs its political aspect.
  • Further consideration of political necessity, success, and causal connection.. After finding the applicant’s violence and destruction disproportionate to his political objectives, the BIA was not required to give further express consideration to the necessity or success of his methods.

Docket 97-1754

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