negusie holder attorney general argued november decided march immigration nationality act ina bars alien obtaining refugee status country assisted otherwise participated persecution person account race religion nationality membership particular social group political opinion persecutor bar applies seeking asylum withholding removal disqualify alien receiving temporary deferral removal convention torture cruel inhuman degrading treatment punishment cat time petitioner eritrean national forced work prison guard country prisoners guarded persecuted grounds protected escaping petitioner applied asylum withholding removal concluding assisted persecution prisoners working armed guard immigration judge denied relief basis persecutor bar granted deferral removal cat petitioner likely tortured returned eritrea board immigration appeals bia affirmed respects holding inter alia persecutor bar applies even alien assistance persecution coerced otherwise product duress bia followed earlier decisions finding fedorenko controlling fifth circuit affirmed relying precedent following reasoning held bia fifth circuit misapplied fedorenko mandating whether alien compelled assist persecution immaterial purposes bia must interpret statute free mistaken legal premise first instance pp chevron natural resources defense council bia entitled deference interpreting ambiguous ina provisions see ins bia spoken matter statutes place primarily agency hands ordinary rule remand allow bia address matter first instance light experience ins orlando ventura pp substance petitioner contention involuntary acts implicate persecutor bar persecution presumes moral blameworthiness government argument question issue answered statute failure provide exception coerced conduct must concluded ina ambiguity bia address first instance fedorenko addressed different statute enacted different purpose control bia interpretation persecutor bar holding voluntariness required respect bar displaced persons act dpa fedorenko contrasted omission word voluntary word inclusion related statutory subsection congress use word voluntary anywhere persecutor bar issue omission carry significance fedorenko moreover dpa exclusion even involved nonculpable involuntary assistance persecution enacted part address holocaust horror see whereas persecutor bar case enacted part refugee act designed provide general rule ongoing treatment refugees displaced persons see supra pp whether bia determination persecution bar contains exception coerced conduct reasonable thus owed chevron deference legitimate question presented denying petitioner relief bia recited rule developed cases alien motivation intent irrelevant issue whether assisted persecution rather actions objective effect controls reading decisions confirms bia exercised interpretive authority instead deemed interpretation mandated fedorenko error prevented bia fully considering statutory question presented mistaken assumption stems failure recognize inapplicability statutory construction principle invoked fedorenko well failure appreciate differences statutory purpose bia bound apply fedorenko rule persecutor bar issue whether statute permits interpretation based different course reasoning must determined first instance agency pp bia yet exercised chevron discretion interpret statute proper course remand additional investigation explanation gonzales thomas allowing bring expertise bear matter evaluate evidence make initial determination thereby help later determine whether decision exceeds leeway law provides pp fed appx reversed remanded kennedy delivered opinion roberts scalia souter ginsburg alito joined scalia filed concurring opinion alito joined stevens filed opinion concurring part dissenting part breyer joined thomas filed dissenting opinion daniel girmai negusie petitioner eric holder attorney general writ certiorari appeals fifth circuit march justice kennedy delivered opinion alien fears persecution homeland seeks refugee status country barred obtaining relief persecuted others term include person ordered incited assisted otherwise participated persecution person account race religion nationality membership particular social group political opinion immigration nationality act ina stat added refugee act stat persecutor bar applies seeking asylum withholding removal disqualify alien receiving temporary deferral removal convention torture cruel inhuman degrading treatment punishment cat art treaty doc cfr case board immigration appeals bia determined persecutor bar applies even alien assistance persecution coerced otherwise product duress ruling bia followed earlier decisions found fedorenko controlling appeals fifth circuit affirming agency relied precedent following reasoning hold bia appeals misapplied fedorenko reverse remand agency interpret statute free error first instance petitioner daniel girmai negusie dual national eritrea ethiopia father national former mother latter born educated ethiopia left eritrea around age see mother find employment year months eritrea state officials took custody petitioner others attending movie forced perform hard labor month conscripted military time war broke ethiopia eritrea conscripted petitioner refused fight ethiopia homeland eritrean government incarcerated prison guards punished petitioner beating sticks placing hot sun released two years forced work prison guard duty performed rotating basis four years undisputed prisoners guarded persecuted account protected ground race religion nationality membership particular social group political opinion petitioner testified carried gun guarded gate prevent escape kept prisoners taking showers obtaining fresh air also guarded prisoners make sure stayed sun knew form punishment saw least one man die sun two hours petitioner testified shot directly punished prisoner helped prisoners various occasions petitioner escaped prison hid container loaded board ship heading applied asylum withholding removal careful opinion immigration judge wayne stogner found petitioner testimony part credible concluded petitioner assisted persecution working armed guard judge determined although evidence establish petitioner malicious person aggressive person mistreated prisoners fact helped government prison compound reason know persecuted constitutes assisting persecution others bars petitioner obtaining asylum withholding removal app pet cert citing inter alia fedorenko supra judge however granted deferral removal cat petitioner likely tortured returned eritrea bia affirmed denial asylum withholding noted petitioner role armed guard facility prisoners tortured left die sun account protected ground app pet cert bia held fact petitioner compelled participate prison guard may actively tortured mistreated anyone immaterial ibid alien motivation intent irrelevant issue whether assisted persecution objective effect alien actions controlling ibid quoting matter fedorenko bia bia also affirmed grant deferral removal cat petition review appeals agreed bia whether alien compelled assist persecution immaterial purposes app pet cert citing fedorenko granted certiorari ii consistent rule chevron natural resources defense council bia entitled deference interpreting ambiguous provisions ina question whether alien compelled assist persecution eligible asylum withholding removal conclude bia misapplied precedent fedorenko mandating alien motivation intent irrelevant issue whether alien assisted persecution agency must confront question free mistaken legal premise well settled principles chevron deference applicable statutory scheme ins congress charged attorney general administering ina ruling attorney general respect questions law shall controlling judicial deference immigration context special importance executive officials exercise especially sensitive political functions implicate questions foreign relations ins abudu attorney general decision bar alien participated persecution may affect relations alien native country neighbors judiciary well positioned shoulder primary responsibility assessing likelihood importance diplomatic repercussions attorney general turn delegated bia authority conferred upon attorney general course determining cases ibid quoting cfr consequence bia accorded chevron deference gives ambiguous statutory terms meaning process adjudication supra quoting ins bia spoken matter statutes place primarily agency hands ordinary rule remand giv bia opportunity address matter first instance light experience ins orlando ventura per curiam parties disagree whether coercion duress relevant determining alien assisted otherwise participated persecution substance contentions conclude statute ambiguity agency address first instance petitioner argues statute plain language makes clear involuntary acts implicate persecutor bar presumes moral blameworthiness brief petitioner invokes principles criminal culpability concepts international law rule lenity arguments may persuasive determining whether particular agency interpretation reasonable demonstrate statute unambiguous petitioner conceded much argument indicated bia discretion construe duress defense either narrow broad way tr oral arg government hand asserts statute allow petitioner construction statutory text government says directly answers question exception conduct coerced congress include one brief respondent disagree silence conclusive question whether statutory text mandates coerced actions must deemed assistance persecution point statute precise terms explicit case clear congress intention precise question issue cf supra government like bia appeals relies fedorenko provide answer reliance without basis held voluntariness required respect another persecutor bar extent however government deems fedorenko controlling error fedorenko interpreted displaced persons act dpa stat dpa enacted enable european refugees driven homelands second world war emigrate without regard traditional immigration quotas section dpa provides relief displaced person refugee defined annex constitution international refugee organization nations iro constitution stat iro constitution codified congress excludes individual shown assisted enemy persecuting civil populations countries members nations voluntarily assisted enemy forces since outbreak second world war operations nations annex part ii stat fedorenko held individual service concentration camp armed guard whether voluntary involuntary made ineligible visa iro constitution congress adopt voluntariness requirement noted plain comparing excludes individuals assisted enemy forces ibid relied principle statutory construction deliberate omission word compels conclusion statute made assisted persecution civilians ineligible visas ibid fedorenko compel conclusion case us textual structure statute fedorenko voluntary one subsection part statutory framework considered congress use word voluntary subsection persecutor bar omission carry significance difference statutory scheme fedorenko one confirmed particular statutory language design statute whole object policy dada mukasey slip quoting statutes enacted reflect principles set forth international agreements principles differ significant respects discussed congress enacted dpa part international effort address individuals forced leave homelands second world war fedorenko supra dpa excludes voluntarily assisted enemy forces since outbreak second world war stat well assisted enemy persecuting civil populations countries latter exclusion clause makes reference culpability exclusion even involved nonculpable involuntary assistance nazi persecution expert testified fedorenko may ecause crime humanity involved concentration camp puts different category persecutor bar case contrast enacted part refugee act unlike dpa enacted address post war refugee problem also holocaust horror refugee act designed provide general rule ongoing treatment refugees displaced persons twice recognized congress primary purposes passing refugee act implement principles agreed nations protocol relating status refugees well nations convention relating status refugees july reprinted quoting authorities illustrate fedorenko addressed different statute enacted different purpose control bia interpretation persecutor bar whatever weight relevance various authorities may interpreting statute considered agency first instance subsequent reviewing remand government argues ambiguity text board determination bar contains exception reasonable thus controlling brief respondent whether interpretation reasonable thus owed chevron deference legitimate question us bia deemed interpretation mandated fedorenko error prevented full consideration statutory question presented denying relief case bia recited rule developed case law reliance fedorenko alien motivation intent irrelevant issue whether persecution objective effect alien actions controlling app pet cert rule based three earlier decisions matter laipenieks matter fedorenko matter matter laipenieks bia applied fedorenko analysis dpa different postwar statute provided deportation anyone associated nazis ordered incited assisted otherwise participated persecution based protected ground finding agency judicial decision point bia relied fedorenko recognized unique structure fedorenko statute present bia nevertheless adopted wholesale fedorenko rule fedorenko plain language mandates literal interpretation omission intent element compels conclusion makes assisted specific persecution deportable words particular motivations intent relevant factor ibid second decision matter fedorenko also dealt involved alien whose citizenship revoked fedorenko decision time agency sought deport fedorenko responded requesting suspension deportation argued unlike dpa bar assistance voluntary involuntary persecution see fedorenko text structure required deportation voluntarily assisted persecuting others bia rejected distinction noting foreclosed matter laipenieks may fedorenko argues service treblinka involuntary need resolve issue however matter law fedorenko motivations serving guard treblinka immaterial question deportability later bia applied fedorenko rule persecutor bar issue present case matter bia granted relief alien coerced conduct guerrilla persecution based protected ground nevertheless reaching conclusion bia incorporated without additional analysis fedorenko rule applied matter laipenieks reiterated matter fedorenko bia reaffirmed participation assistance alien persecution need volition bar relief citing fedorenko reading decisions confirms bia exercised interpretive authority instead determined fedorenko controls mistaken assumption stems failure recognize inapplicability principle statutory construction invoked fedorenko well failure appreciate differences statutory purpose bia bound apply fedorenko rule motive intent irrelevant persecutor bar issue case whether statute permits interpretation based different course reasoning must determined first instance agency iii concluded bia yet exercised chevron discretion interpret statute question proper course except rare circumstances remand agency additional investigation explanation gonzales thomas per curiam quoting ventura turn quoting florida power light lorion remand rule exists part ambiguities statutes within agency jurisdiction administer delegations authority agency fill statutory gap reasonable fashion filling gaps involves difficult policy choices agencies better equipped make courts national cable telecommunications assn brand internet services justice stevens provide definite answer question presented remand proceedings approach however tension ordinary rule ventura supra see also cajun elec power cooperative ferc cadc opinion silberman joined ginsburg thomas jj agency erroneously contends congress intent clearly expressed rested ground remand require agency consider question afresh light ambiguity see thomas illustrative agency determined whether family may constitute social group purposes refugee status ninth circuit held family constitute protected social group particular family issue qualify solicitor general sought review whether ninth circuit erred holding first instance without prior resolution questions relevant administrative agency members family constitute particular social group within meaning act internal quotation marks omitted argued ninth circuit decision violated ventura ordinary remand rule agreed summarily reversed ventura thomas counsel similar result important differences statute us one issue fedorenko find appropriate remand agency initial determination statutory interpretation question application case agency interpretation statutory meaning persecution may explained comprehensive definition one designed elaborate term anticipation wide range potential conduct expanded definition turn may influenced practical impractical standard terms application specific cases matters may relevance determining whether statutory interpretation permissible one said ventura reiterated thomas agency bring expertise bear upon matter evaluate evidence make initial determination informed discussion analysis help later determine whether decision exceeds leeway law provides quoting ventura supra bia decides adopt standard considers voluntariness degree may prudent necessary immigration judge conduct additional factfinding based new standard determinations agency make first instance reverse judgment appeals remand case proceedings consistent opinion ordered daniel girmai negusie petitioner eric holder attorney general writ certiorari appeals fifth circuit march justice scalia justice alito joins concurring agree statute ambiguity ante respect whether alien coerced assist persecution barred obtaining asylum agree agency entitled answer question ibid see chevron natural resources defense council agree remand order give agency opportunity clarify whether affirmative answer premised erroneous view decision fedorenko compelled ante agree remand think agency option adhering decision majority appears leave question undecided ante reserving whether particular agency interpretation reasonable two justices forthrightly disagree require agency recognize least sort duress exception post stevens concurring part dissenting part good reasons agency current practice exist reasons adequate satisfy requirement agency act reasonably choosing among various possible constructions ambiguous statute statute mandate rule precluding duress defense foreclose either agency free retain rule long choice soundly reasoned based irrelevant arbitrary factors like fedorenko precedent primary contention contrary short barring aliens persecuted duress punish purely nonculpable conduct argument suffers least three unjustified leaps logic first implicitly adopts view culpability neither view one necessarily applicable culpability one harms another coercion always subject intense debate raising profound questions moral philosophy individual responsibility nuremberg defense comes readily mind common law duress accepted defense intentional killing see lafave substantive criminal law pp ed modern times allow defense lesser crimes see notably historical support duress defense soldier follows military order knows unlawful see also axtell case kel eng prosecutor erdemoviæ icty jud crim trib former yugoslavia therefore far clear precluding duress defense petitioner alleges disregard principles blame persistent american law brief petitioner quoting morissette suggests coerced commit wrong least sometimes culpable enough treated criminals importantly criminal matter long understood order deportation punishment crime fong yue ting asylum benefit accorded grace entitlement withholding benefit intentionally harmed others whether coercion unreasonable second petitioner assumes persecutor bar must intended merely punish wrongdoing context immigration law culpability relevant factor determining admissibility one facet general consideration desirability may well reasons think persecuted others even duress relatively undesirable immigrants example asylum laws grant entry suffered persecution might imprudent also grant entry coerced persecutor may end living community one victims nation legitimate interest preventing importation ethnic strife remote parts world agency may resolve statutory ambiguity way safeguards interest finally even culpability relevant factor even narrow based view culpability authoritative one rule excluding persecutors whether acting coercion might still best way agency effectuate statutory scheme see generally cox posner structure immigration law stan rev immigration judges already face overwhelming task attempting recreate limited number witnesses speaking often translation events took place years ago foreign usually impoverished countries see dia ashcroft en banc alito concurring part dissenting part adding top burden adjudicating claims duress coercion extremely difficult corroborate necessarily pose questions degree require intensely increase already inherently high risk error cost error allowing uncoerced persecutors remain country permanently might reasonably viewed agency significantly greater cost overinclusion rule denial asylum coerced persecutors might anyway entitled protection convention torture includes analogous persecutor bar worth noting although agency objective effects approach statute seem sweep beyond duress scenario encompass even alien idea actions objectively assist persecution see casta gonzales en banc reason agency consider questions knowledge separate apart questions duress said relate mental state persecutor present different problems grappled separately agency need provide answer present case may evaluate problems one one arise whatever might decide unknowing persecutor irrelevant petitioner knew exactly clear endorse particular rule agency officials members congress given discretion choose among permissible interpretations statute deserve told clearly whether serious allowing exercise discretion rather firing warning shot across bow daniel girmai negusie petitioner eric holder attorney general writ certiorari appeals fifth circuit march justice thomas dissenting persecutor bar immigration nationality act ina denies asylum withholding removal alien ordered incited assisted otherwise participated persecution person account race religion nationality membership particular social group political opinion board immigration appeals bia principally relying decision fedorenko held statute require persecution voluntarily inflicted appeals fifth circuit affirmed according fedorenko construed similar text persecution bar displaced persons act dpa largely irrelevant question presented see ante see also ante scalia concurring majority holds ina ambiguous whether coercion duress relevant determining alien assisted otherwise participated persecution agency therefore interpret statute first instance determine whether reasonably read include voluntariness requirement ante see also ante scalia concurring disagree conclusions ina unambiguously precludes inquiry whether persecutor acted voluntarily free coercion duress affirm judgment appeals respectfully dissent petitioner daniel girmai negusie testified immigration judge ij forced work armed guard four years eritrean prison camp prisoners persecuted religious beliefs according petitioner part job firmly control prisoners punish prisoners exposing extreme heat african sun app guards hold stick hand follow prisoners forced roll ground sun extremely hot prisoners quickly get tired feel shortness breath stop rolling beaten prisoners typically survive punishment two hours indeed least one prisoner died sun exposure petitioner stood guard see ante majority opinion petitioner testified guard prevented prisoners showering forbade leaving rooms fresh air form punishment particularly severe prisons built stone bricks cooling system ventilation windows intolerable heat app petitioner also prevented prisoner escapes punishment forced sun exposure although petitioner never used electricity torture prisoners aware supervisor petitioner converted protestantism confined prisoner camp also testified want persecute prisoners new religion taught merciful thus times disobeyed orders one occasion gave water prisoner dying sun exposure another occasion let female prisoners take showers denied privilege long time petitioner also occasionally allowed prisoners go outside night evenings refresh fresh air four years prison guard petitioner deserted post swam shipping container hid inside see ante majority opinion container arrived petitioner inside december petitioner applied asylum withholding removal ina et seq also applied protection convention torture cruel inhuman degrading treatment punishment cat policy expel extradite otherwise effect involuntary return person country substantial grounds believing person danger subjected torture foreign affairs reform restructuring act stat note following policy respect involuntary return persons danger subjection torture hereinafter cat policy see also cat treaty doc petitioner feared returned eritrea executed converted protestantism deserted military post app ina provides executive discretion grant asylum aliens unable unwilling return home country persecution fear persecution account race religion nationality membership particular social group political opinion ina also requires executive withhold removal aliens country clear probability life freedom threatened race religion nationality membership particular social group political opinion however ina prohibits executive granting asylum withholding removal alien ordered incited assisted otherwise participated persecution person account race religion nationality membership particular social group political opinion asylum withholding removal nonetheless light cat requirement state party shall return person another state substantial grounds believing danger subjected torture art treaty doc regulations implementing convention provide deferral removal aliens subject ina persecutor bar likely tortured removed home cfr see also cat policy requiring federal agencies prescribe regulations implement obligations article cat subject reservations understandings declarations provisos contained senate resolution ratification convention ij denied petitioner applications asylum withholding removal granted deferral removal bia affirmed view petitioner conduct objectively qualified assistance participation persecution others based religion see ante majority opinion relying fedorenko ij bia found even petitioner compelled participate prison guard wishes motivation intent irrelevant issue whether persecution ibid internal quotation marks omitted therefore petitioner ineligible asylum withholding removal ina ij bia agreed however petitioner qualified deferral removal likely tortured returned eritrea given government used deadly force threatened use deadly force deserters app pet cert appeals affirmed see negusie gonzales fed appx per curiam ii statutory interpretation questions construction ina persecutor bar must begin plain language statute see jimenez quarterman slip citing lamie trustee text statute governing agency action addresse precise question issue end matter well agency must give effect unambiguously expressed intent congress national assn home builders defenders wildlife slip quoting chevron natural resources defense council must first look particular statutory language issue mart cartier majority acknowledges see ante text ina persecutor bar neither includes term voluntary contains exception involuntary coerced conduct statute instead applies alien ordered incited assisted otherwise participated persecution person account protected ground statute key terms also imply voluntariness requirement persecution ordinary meaning term persecution time statute enactment reenactment act persecution alone sufficient classify one conduct persecution see webster ninth new collegiate dictionary hereinafter webster ninth defining persecution act practice persecuting esp differ origin religion social outlook see also webster new collegiate dictionary hereinafter webster term includes intrinsic mens rea requirement result individual persecute meaning harass manner designed injure grieve afflict without designed act intended injury grief affliction occur webster ninth see also webster persecutor bar inclusion assist participate confirms include voluntariness requirement term assist defined give support aid webster ninth help oxford american dictionary hereinafter oxford see also black law dictionary ed hereinafter black defining assist help aid succor lend countenance encouragement participate auxiliary participate means simply take part webster ninth share take part something oxford see also black defining participate receive part share partake experience common others enjoy part share common others accordingly concluded ordinary meanings assist participate connote voluntariness pennsylvania dept corrections yeskey participate see also fedorenko assist terms concepts breadth russello require individual take part activity help occur way reves ernst young emphasis original even participation assistance coerced remains participation assistance addition particular statutory section ina language design statute whole instructive determining provision plain meaning mart supra see also amoco production gambell ina design structure buttress conclusion persecutor bar applies irrespective voluntariness first congress evidenced ability specifically require voluntary conduct explicitly exclude involuntary conduct provisions ina see infra example congress barred admission totalitarian party members unless membership involuntary ii provided termination asylum alien voluntarily availed another country protections congress includes particular language one section statute omits another section act generally presumed congress acts intentionally purposely disparate inclusion exclusion russello supra internal quotation marks omitted see barnhart sigmon coal absence voluntariness requirement ina persecutor bar exception second federal immigration law provides calibrated remedies include partial refuge specified aliens suffered inflicted persecution persecuted engaged persecution may receive asylum withholding removal end spectrum persecuted persecuted others may receive either asylum withholding removal finally many individuals like petitioner persecuted others persecuted scheme provides temporary refuge receive deferral removal cat face torture upon return home country cat policy see also cfr congress enacted comprehensive scheme deliberately targeted specific problems specific solutions courts read one part legislative regime ina provide different conflicting solution problem already specifically addressed elsewhere federal immigration regime regulations implementing cat varity howe thomas dissenting see also transamerica mortgage advisors lewis federal law provides partial protection victim persecution also engaged persecution voluntarily simply justification writing ina persecutor bar greater protections asylum withholding removal individuals coerced engaging persecution assumption inadvertent omission voluntariness requirement ina rendered especially suspect upon close consideration statute interlocking interrelated interdependent remedial scheme addresses specific problem issue conflicting way massachusetts mut life ins russell finally congress aware judicial interpretation statutory language adopt interpretation statute without change lorillard pons see also traynor turnage singer singer sutherland statutory construction pp ed statutory decisional backdrop congress enacted ina persecutor bar counsels grafting voluntariness requirement onto statute congress enacted ina persecutor bar essentially retained language used similar predecessor statutes dpa persecutor bar entry denied enemy persecuting civil ians fedorenko quoting stat congress added second persecutor bar dpa applied person advocated assisted persecution person race religion national origin stat years followed congress continued use broad language denying asylum specific categories persecutors see stat denying permanent residence aliens vietnam laos cambodia ordered assisted otherwise participated persecution person race religion political opinion authorizing exclusion anyone associated nazi forces ordered incited assisted otherwise participated persecution person race religion national origin political opinion stat imposing persecutor bar person personally advocated assisted persecution group persons race religion national origin congress enacted ina bar statute comprehensively labeled persecutor person ordered incited assisted otherwise participated persecution person account race religion nationality membership particular social group political opinion stat congress reenacted ina persecutor bar retained breadth see illegal immigration reform immigrant responsibility act iirira stat congress uninterrupted use broad statutory language parallels persecutor bars dating back accidental time reenactment specifically interpreted plain language predecessor bars apply regardless voluntariness persecutor conduct see fedorenko supra dpa bar see also koreh dpa bar schmidt dpa bar maikovskis ins ed transferred particular held phrase dpa bar assisted enemy persecuting civil ians contained assistance exception fedorenko rather statute plain language made clear individual service concentration camp armed guard whether voluntary involuntary made ineligible visa ibid light legal backdrop congress decisions retain persecutor bar broadly applies anyone assisted otherwise participated persecution person significant evidence congress intend include involuntariness exception ina bar must assume absent textual proof contrary congress aware fedorenko decision reenacted persecutor bar thus adopt ed interpretation ed statute without change lorillard supra sum ina persecutor bar require assistance participation persecution voluntary uncoerced fall within statute reach instead mandates precisely says individual service prison camp armed guard whether voluntary involuntary kes ineligible asylum withholding removal guard service involved assistance participation persecution another person account protected ground fedorenko supra undisputed petitioner served prison camp guards persecuted prisoners religious beliefs see ante majority opinion also undisputed petitioner carried persecution preventing prisoners escaping standing guard least one prisoner died sun exposure ibid petitioner therefore assisted otherwise participated persecution thus statutorily disqualified receiving asylum withholding removal ina iii majority nevertheless concludes statute silence ante creates ambiguity therefore remands case bia determine first instance whether persecution must voluntary fall within terms ina persecutor bar efforts derive ambiguity th utmost clarity persecutor bar however unconvincing every respect ins cyr scalia dissenting majority principally finds ambiguity statutory text include either word voluntary word involuntary see ante statute deemed ambiguous exhaust aid tools statutory determines congress resolve issue consideration clark martinez thomas dissenting quoting chevron deeming statute broad terms ambiguous reason alone essentially requires congress either obey judicially imposed rule accept risk courts may refuse give full effect statute plain meaning name chevron deference every difficult question statutory construction amounts statutory gap federal agency fill see ante opinion stevens name deference abdicate responsibility interpret statute simply requires effort global crossing telecommunications metrophones telecommunications thomas dissenting majority makes attempt apply traditional tools statutory construction persecutor bar retreating ambiguity see ante rather merely observes congress spoken directly issue finds sufficient render statute ambiguous score ante absence phrase specifying provision applies involuntary voluntary conduct definitive proof ambiguity certainly correct congress spoken clearer terms clark thomas dissenting almost always statute however proves nothing evaluating whether statute ambiguous ibid question instead whether congress provided unambiguous answer plain language chose use reasons explained traditional tools statutory interpretation show utmost clarity cyr supra statute applies regardless voluntariness alien participates assists majority also finds ambiguity based differences ina dpa statutory bar considered fedorenko particular majority points fedorenko reliance second part dpa persecutor bar applied assisted enemy forces operations nations quoting stat emphasis added noted nder traditional principles statutory construction deliberate omission word addressed assistance persecution compel led conclusion statute made assisted persecution civilians ineligible visas according majority ina persecutor bar unlike dpa bar include provision limited word voluntarily adjacent provision limited absence adverb carry significance given fedorenko see ante majority reasoning flawed mere fact ina persecutor bar accompanied neighboring provision containing word voluntarily negate significance term absence ina provisions explicitly limited actions undertaken voluntarily noted see supra ina imposes voluntariness requirement host statutory provisions see terminating asylum alien voluntarily availed protection country ii denying admission naturalization members affiliated communist totalitarian party unless membership affiliation involuntary denying admission voluntarily knowingly engaged endorsed espoused persuaded others endorse espouse support terrorist activity allowing alien voluntarily depart precluding naturalization members certain totalitarian parties unless membership involuntary providing loss nationality voluntarily performing certain specified acts intention relinquishing nationality immigration naturalization context congress certainly capable declaring preference voluntariness requirement congress explicit references voluntariness appear sections particular statutory scheme rather subsections immaterial cf rusello barnhart fact congress course making structural revisions statutory regime eliminated specific dichotomy noted fedorenko undermine critical point ina expressly includes voluntariness requirement several places impose requirement persecution bar thus omission word voluntarily persecutor bar ina conclusive omission persecutor bar dpa respect statutes deliberate omission compels conclusion statute made assisted persecution civilians ineligible visas finally majority concludes dpa bar distinguishable ina bar former enacted context crime humanity involved concentration camp horrific category ante quoting fedorenko supra unique context majority reasons made sense exclude even involved nonculpable involuntary assistance nazi persecution ibid majority intend suggest acts persecution second world war inherently depraved reprehensible acts persecution occurred decades since ina enactment certainly conclusion compelled statutory text congress steadfastly condemned acts persecution see noting congress recognized denounced acts religious persecution severe violent particularly widespread systematic heinous totalitarian governments countries militant politicized religious majorities announcing policy stan persecuted stat congress condemns persecution persons religion refugee act stat congress declares historic policy respond urgent needs persons subject persecution homelands reason deny ina persecutor bar full meaning based speculative assumption congress meant oppose persecution quite intensely aftermath world war ii rather ina persecutor bar naturally extends acts persecution therefore requires denial asylum withholding removal even involved nonculpable involuntary assistance persecution ante majority opinion iv conclude ina persecutor bar applies whether petitioner assistance participation persecution voluntary conceded petitioner assisted participated persecution serving armed prison guard eritrea affirm decision appeals accordingly respectfully dissent daniel girmai negusie petitioner eric holder attorney general writ certiorari appeals fifth circuit march justice stevens justice breyer joins concurring part dissenting part narrow question statutory construction presented case whether persecutor bar disqualifies asylum withholding removal alien whose conduct coerced otherwise product duress answer threshold question courts defer attorney general evaluation particular circumstances may may establish duress coercion individual cases threshold question addresses today pure question statutory construction courts decide ins reason agree cogent explanation misguided decision fedorenko govern interpretation persecutor bar provide definite answer question presented remand proceedings judicial deference agencies views statutes administer born chevron natural resources defense council singularly judicial role marking boundaries agency choice young community nutrition institute stevens dissenting die case years chevron recognized statutory interpretation multifaceted enterprise ranging precise construction statutory language determination policy best effectuates statutory objectives accordingly acknowledged complete interpretation statutory provision might demand judicial construction administrative explication nlrb hearst publications construing term employee national labor relations act deferring national labor relations board finding newsboys employees see nathanson administrative discretion interpretation statutes vand rev chevron adhered approach recognized clean air act define stationary source ed rather implicitly delegated environmental protection agency epa policy question whether treat entire plants discrete devices sources pollution purposes act permit program congress left gap agency fill agency brought expertise political acuity abilities bear see chevron keeping precedent see nn opinion reaffirmed judiciary final authority issues statutory construction courts defer agency reasonable formulation policy response explicit implicit congressional delegation authority chevron framework thus accounts different institutional competencies agencies courts courts expert statutory construction agencies expert statutory implementation distinction subtle lessen importance years since chevron decided continued recognize courts agencies play complementary roles project statutory interpretation repeatedly held ambiguities statutes within agency jurisdiction administer delegations authority agency fill statutory gap reasonable fashion national cable telecommunications assn brand internet services even confronted statute involves degree ambiguity statutes abdicated judicial role fact congress left gap agency fill means courts defer agency reasonable decisions courts cease mark bounds delegated agency cases involving agency adjudication sometimes described role deciding pure questions statutory construction agency role applying law fact see nlrb food commercial workers see also republic austria altmann phrasing peculiar adjudicatory context principle applies chevron domain broadly context agency rulemaking instance might distinguish pure questions statutory interpretation policymaking central legal issues interstitial questions see barnhart walton label immaterial matters principle certain aspects statutory interpretation remain within purview courts even statute entirely clear others properly understood delegated congress expert accountable administrative body statutory language may thus admit judicial construction agency exposition ii two cases construing immigration nationality act ina stat et illustrate proper division responsibility courts agencies highlight chevron deference appropriate question whether standard ina ed requires alien show likely subject persecution deported also governs applications asylum ed authorizes attorney general grant asylum alien fear persecution home country considering ina language legislative history nations protocol congress implemented determined two standards holding decisively rejected government contention echoed justice scalia concurrence judgment board immigration appeals bia interpretation statute merited deference decision chevron question whether congress intended two standards identical pure question statutory construction courts decide stated therefore defer bia interpretation two standards equivalent instead employed traditional tools statutory construction concluded congress intend two standards identical importantly recognized chevron deference need venture even question standards equivalency resolved remained question application explained narrow legal question whether two standards course quite different question interpretation arises case agency required apply either standards particular set facts noted applying ina task particularly suited agency unique competencies obviously ambiguity term like fear given concrete meaning process adjudication process filling gap left implicitly explicitly congress courts must respect interpretation agency congress delegated responsibility administering statutory program ibid quoting chevron turn quoting morton ruiz ins encountered type agency decision indicated warrant chevron deference bia denied withholding deportation found respondent committed serious nonpolitical crime entered appeals reversed agency decision required supplement balancing test specific additional factors whether respondent acts grossly proportion objective whether acts politically necessary successful reversed appeals concluding chevron deference accorded bia gives ambiguous statutory terms meaning process adjudication quoting bia formulation test apply statutory standard individual cases application test respondent case precisely sort agency actions merited judicial deference iii threshold question addresses today kind pure question statutory construction courts decide answered rather question kind addressed decided narrow legal question presented attempt set forth detailed description fear test applied decide narrow legal question us remand agency determine persecutor bar applies individual reasons similar set forth dissent fedorenko think plain persecutor bar disqualify asylum withholding removal alien whose conduct coerced otherwise product duress although agree full conclusion majority opinion fedorenko govern interpretation persecutor bar differences highlights displaced persons act dpa stat refugee act stat strengthen conclusion voluntary assistance persecution required duress coercion vitiate voluntariness fedorenko construction dpa threatened exclude concentration camp prisoners forced assist nazis persecution prisoners view construction insupportable dpa exclusion persons assisted enemy persecuting civil populations constitution international refugee organization annex part ii stat extend concentration camp prisoners involuntarily prisoners victims persecutors without exception involuntary action refugee act bar similarly treat entire classes victims persecutors act support reading language persecutor bar naturally read denote culpable conduct reading powerfully supported statutory context legislative history previously recognized majority acknowledges today congress passed refugee act implement nations convention relating status refugees july hereinafter convention reprinted nations protocol relating status refugees hereinafter protocol treaties place mandatory obligation signatory expel return refugee manner whatsoever territories life freedom threatened account race religion nationality membership particular social group political opinion convention art protocol art refugee act withholding removal provision specifically tracks language see withholding removal provision clearly reflects legal obligations international agreements specifically convention article convention excludes nonrefoulement obligation article persons committed crime peace war crime crime humanity convention art exception persecutor bar reflects see persecutor bar encompasses exceptions provided convention relating aliens participated persecution conf language convention exception critical normally convict individuals crimes actions coerced otherwise involuntary indeed nations handbook looked guidance past relevant factors including mitigating circumstances must considered determining whether alien acts criminal nature contemplated article office nations high commissioner refugees handbook procedures criteria determining refugee status reedited parties convention protocol likewise read convention exception limited culpable interpret treaties consider interpretations courts nations congress asks us interpret statute light treaty language see zicherman korean air lines congress effort conform law standard set forth convention protocol shows intended persecutor bar apply culpable voluntary acts underscores congress delegate question presented case agency hold persecutor bar automatically disqualify asylum withholding removal alien acted leave attorney general delegation bia question voluntariness standard applied agency retain ability instance define duress coercion determine whether balancing test employed course decide whether individual acts covered persecutor bar sorts questions suited agency unique competencies administering ina threshold question iv remain convinced narrower interpretation chevron endorsed faithful rationale case broader view adopts today unable join opinion answer question law case presents unequivocal remand agency proceedings footnotes rationale duress defense however conventionally defendant somehow loses mental capacity commit crime question rather even though done act crime requires mental state crime requires conduct excused lafave supra footnotes deferral removal created accommodate congress direction exclude fall within ina persecutor bar maximum extent consistent obligations cat return alien country tortured cat policy accomplish goal deferral removal provides less permanent form protection withholding removal one easily quickly terminated becomes possible remove alien consistent article cat fed reg also ensur ing aliens returned country tortured also important acknowledge object ina codify congress policy decisions entry aliens right decisions exclusively congress kleindienst mandel quoting galvan press fact conceivable subject legislative power congress complete decision congress admit exclude aliens oceanic steam nav stranahan courts therefore must enforce immigration policy decision reflected statute plain terms even congress chosen forbid entrance foreigners within dominions altogether fong yue ting likewise congress made judgment persons admit exclude country question wisdom choice justice stevens also finds language ina persecutor bar plain concludes must incorporate culpability requirement statute applies whose acts nature see ante opinion concurring part dissenting part disagree decision admit alien matter legislative grace see supra judicial review consistently classified civil nature harisiades shaughnessy see also zadvydas davis kennedy dissenting explaining alien seeking initial admission requests privilege constitutional rights regarding application power admit exclude aliens sovereign quoting landon plasencia warrant read requirements statute nonpunitive purpose effect zadvydas supra conclusory pronouncement office nations high commissioner refugees handbook procedures criteria determining refugee status reedited assumed although specifically stated acts covered present clause must also criminal nature insufficient require criminal proof deny withholding removal contra ante opinion stevens nations handbook binding attorney general bia courts ins delegate interpretation persecutor bar plain meaning federal agency see board governors frs dimension financial largely irrelevant whether bia properly relied fedorenko interpreting statute see ante majority opinion ante scalia concurring event bia construction ina persecutor bar correctly reflected text provision reason remand question agency one construction statute permissible agency original decision adopted proper construction see national cable telecommunications assn brand internet services moreover refugee act added persecutor bar ina congress separately codified desire promote opportunities resettlement voluntary repatriation stat note following congress reenacted statutory text retained persecution bar broad language restricting sections voluntary conduct see iirira stat relating voluntary departure relating voluntary participation pilot programs confirming employment eligibility providing termination asylum alien voluntarily takes certain actions footnotes notably epa cast activity statutory construction public administration rulemaking sought achieve policy goals reducing regulatory complexity promoting plant modernization see fed reg sure epa argued regulation defining stationary source entire plant permissible clean air act agency treated rulemaking matter fashioning sound policy discerning meaning stationary source statute cf mead barnhart walton noting mead indicated whether give chevron deference depends significant part upon interpretive method used nature question issue administrative procedure act draws similar distinction providing courts shall decide relevant questions law interpret constitutional statutory provisions shall review agency action findings conclusions arbitrary discretion standard justice scalia objected particular majority holding pure questions statutory construction courts agencies decide insisted unfaithful chevron since chevron deferred environmental protection agency abstract interpretation phrase source opinion concurring judgment majority rejected justice scalia argument recognizing chevron involved agency complex policy judgment fill statutory gap pure question statutory construction see quoting extensively chevron majority suggests approach inconsistent remand articulated gonzales thomas per curiam ins orlando ventura per curiam ante cases involved exactly sort application law fact within agency purview thomas appeals decided family issue fell within scope statutory term social group noted bia considered question require determining facts deciding whether facts found within statutory term accordingly held remanded agency similarly ventura appeals addressed issue bia reached concluded conditions guatemala improved realistic threat persecution currently existed government argued respected bia role agreed reversing judgment insofar remanded agency asylum withholding removal address concerns different addressed convention torture cruel inhuman degrading treatment punishment cat implementing regulations cat treaty doc cfr cat prohibits state party returning person country substantial reason believe might tortured definition torture covers narrower class harms imposed narrower class actors asylum witholding removal provisions importantly cat limits definition torture acts inflicted instigation consent acquiescence public official person acting official capacity pt art asylum withholding removal available victims harm inflicted private actors without regard state involvement see kasinga bia bia see canada asghedom fed gurung secretary state home ukiat immigr app trib sryyy minister immigration multicultural indigenous affairs austl fed refugee appeal pp refugee status app mar notions culpability deep roots asylum law see generally grotius de jure belli ac pacis libri tres ch xxi scott kelsey et al laces asylum available ancient times whose hands chance missile slain man innocent minds considerations presented case alien lack knowledge involved persecutory act likewise indicate act requisite culpability see casta gonzales en banc hernandez reno