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Supreme Court Unanimously Requires Deference to Immigration Agencies on Asylum ‘Persecution’ Findings

The ruling cements a deferential substantial-evidence review for persecution determinations, limiting courts’ ability to reweigh agency conclusions.

Overview

  • In a March 4 opinion by Justice Ketanji Brown Jackson, the Court in Urias‑Orellana v. Bondi affirmed the First Circuit’s judgment and issued a 9–0 ruling.
  • The justices held that under 8 U.S.C. §1252(b)(4)(B) and INS v. Elias‑Zacarias, reversal is warranted only if any reasonable adjudicator would be compelled to conclude the opposite.
  • The case involved a Salvadoran family whose credible testimony about threats did not establish past persecution or a well‑founded fear, a determination upheld by the immigration judge, the BIA, the First Circuit, and now the Supreme Court.
  • The decision resolves a split among federal appeals courts over the standard of review for persecution determinations and increases deference to immigration judges and the BIA on mixed questions.
  • Legal coverage characterizes the outcome as a procedural win for the Department of Justice that is likely to reduce successful asylum appeals and could accelerate some removal timelines.