ins argued october decided march section immigration nationality act act requires attorney general withhold deportation alien demonstrates life freedom threatened thereby account specified factors phrase requires showing likely alien subject persecution country returned contrast act authorizes attorney general discretion grant asylum refugee act unable unwilling return home country persecution well founded fear thereof account particular factors respondent illegal alien deportation hearing immigration judge applied likely proof standard asylum claim holding established clear probability persecution therefore entitled relief board immigration appeals bia affirmed appeals reversed holding fear standard generous standard requires asylum applicants show either past persecution good reason fear future persecution accordingly asylum claim remanded bia evaluate proper legal standard held clear probability standard proof govern asylum applications pp plain meaning statutory language indicates congressional intent proof standards differ section threatened standard subjective component fact requires objective evidence likely alien subject persecution upon deportation contrast reference fear makes asylum eligibility determination turn extent alien subjective mental state fact fear must well founded transform standard likely one moreover different emphasis two standards highlighted fact although congress simultaneously drafted new standard amended left old standard intact pp legislative history demonstrates congressional intent different standards apply pp argument immigration naturalization service ins anomalous less stringent eligibility standard since affords greater benefits fails account fact alien satisfies standard must still face discretionary asylum decision attorney general alien satisfying stricter standard automatically entitled withholding deportation pp ins argument substantial deference accorded bia position fear clear probability standards equivalent unpersuasive since narrow legal question identicality pure question statutory construction within traditional purview courts question interpretation type traditionally left administrative agencies pp stevens delivered opinion brennan marshall blackmun joined blackmun filed concurring opinion post scalia filed opinion concurring judgment post powell filed dissenting opinion rehnquist white joined post deputy solicitor general wallace argued cause petitioner briefs solicitor general fried assistant attorney general willard deputy solicitor general kuhl bruce kuhlik david bernal dana marks keener argued cause respondent brief bill ong hing briefs amici curiae urging affirmance filed nations high commissioner refugees ralph steinhardt american civil liberties union et al carol leslie wolchok burt neuborne lucas guttentag jack novik robert weiner american immigration lawyers association ira kurzban international human rights law group et al edward bruce lawyers committee human rights et al richard ziegler arthur helton samuel rabinove richard foltin ruti teitel steven freeman richard rubin justice stevens delivered opinion since immigration nationality act provided two methods otherwise deportable alien claims persecuted deported seek relief section act requires attorney general withhold deportation alien demonstrates life freedom threatened account one listed factors deported ins stevic held qualify entitlement withholding deportation alien must demonstrate likely alien subject persecution country returned refugee act stat also established second type broader relief section act authorizes attorney general discretion grant asylum alien unable unwilling return home country persecution fear persecution account race religion nationality membership particular social group political opinion stevic rejected alien contention fear standard governs applications withholding deportation similarly today reject government contention standard requires alien show likely subject persecution governs applications asylum congress used different broader language define term refugee used used describe class aliens right withholding deportation act establishment broad class refugees eligible discretionary grant asylum narrower class aliens given statutory right deported country danger mirrors provisions nations protocol relating status refugees provided motivation enactment refugee act addition legislative history act makes perfectly clear congress intend class aliens qualify refugees coextensive class qualify relief respondent nicaraguan citizen entered visitor remained longer permitted failed take advantage immigration naturalization service ins offer voluntary departure ins commenced deportation proceedings respondent conceded country illegally requested withholding deportation pursuant asylum refugee pursuant support request respondent attempted show returned nicaragua life freedom threatened account political views support request attempted show fear persecution upon return evidence supporting claims related primarily activities respondent brother tortured imprisoned political activities nicaragua respondent brother testified believed sandinistas knew two fled nicaragua together even though active politically interrogated brother whereabouts activities respondent also testified brother status political opposition sandinistas brought government attention based facts respondent claimed tortured forced return immigration judge applied standard evaluating respondent claim withholding deportation evaluating application asylum found established clear probability persecution therefore entitled either form relief app pet cert appeal board immigration appeals bia agreed respondent failed establish suffer persecution within meaning section immigration nationality act appeals ninth circuit respondent challenge bia decision entitled withholding deportation argued eligible consideration asylum contended immigration judge bia erred applying likely standard proof asylum claim instead asserted applied fear standard considered generous agreed relying text structure act held fear standard governs asylum proceedings different fact generous clear probability standard governs withholding deportation proceedings agreeing appeals seventh circuit interpreted standard require asylum applicants present specific facts objective evidence prove either past persecution good reason fear future persecution citing ins remanded respondent asylum claim bia evaluate proper legal standard granted certiorari resolve circuit conflict important question ii refugee act established new statutory procedure granting asylum refugees act added new immigration nationality act reading follows attorney general shall establish procedure alien physically present land border port entry irrespective alien status apply asylum alien may granted asylum discretion attorney general attorney general determines alien refugee within meaning section title stat term refugee means person outside country person nationality case person nationality outside country person last habitually resided unable unwilling return unable unwilling avail protection country persecution fear persecution account race religion nationality membership particular social group political opinion stat addition establishing statutory asylum process act amended withholding deportation provision see stevic prior attorney general discretion whether grant withholding deportation aliens however agreed comply substantive provisions articles nations convention relating status refugees see see generally stevic supra article convention reprinted counterpart statute imposed mandatory duty contracting return alien country life freedom threatened account one enumerated reasons see infra thus although constrain attorney general discretion presumably honored dictates nations convention event act removed attorney general discretion proceedings stevic considered significant enacting act congress amend standard eligibility relief terms refugee hence fear made integral part procedure continued play part thus held prior consistent construction required applicant withholding deportation demonstrate clear probability persecution upon deportation remained force course reasoning based large part plain language avail since expressly provides fear standard governs eligibility asylum government argues however even though fear standard applicable difference threatened test asks us hold way applicant demonstrate fear persecution prove clear probability persecution statutory language lend reading begin language congress used describe two standards conveys different meanings threatened language subjective component instead requires alien establish objective evidence likely subject persecution upon deportation see stevic supra contrast reference fear standard obviously makes eligibility determination turn extent subjective mental state lien linguistic difference words fear clear probability may striking subjective objective frame reference simply conclude standards identical ins cert pending see also ins case fear must alter obvious focus individual subjective beliefs transform standard likely one one certainly fear event happening less chance occurrence taking place one leading authority pointed let us presume known applicant country origin every tenth adult male person either put death sent remote labor camp case apparent anyone managed escape country question fear persecuted upon eventual return status refugees international law different emphasis two standards clear face statute significantly highlighted fact congress simultaneously drafted amended congress chose maintain old standard incorporate different standard congress includes particular language one section statute omits another section act generally presumed congress acts intentionally purposely disparate inclusion exclusion russello supra quoting wong kim bo contrast language used two standards fact congress used new standard define term refugee certainly indicate congress intended two standards differ iii message conveyed plain language act confirmed examination history three aspects history particularly compelling experience prior statute dealing asylum abundant evidence intent conform definition refugee asylum law nations protocol bound since fact congress declined enact senate version bill made refugee ineligible asylum unless deportation return prohibited practice statutory definition term refugee contained applies two asylum provisions within immigration nationality act section governs admission refugees seek admission foreign countries section sets process refugees currently may granted asylum prior amendments statutory basis granting asylum aliens applied within asylum aliens applying admission foreign countries however subject previous statutory provision congress intent respect changes sought create statute instructive discerning meaning term fear section statute authorized attorney general permit conditional entry certain number refugees fleeing areas middle east persecution fear persecution account race religion political opinion stat standard applied aliens seeking admission pursuant unquestionably lenient clear probability standard applied proceedings matter tan example bia found support argument alien deportee required meet standards applied section act seeking relief section similarly matter adamska board held alien inability satisfy determinative eligibility substantially broader standards one differences board highlighted statutes requires showing applicant subject persecution required showing applicant unwilling return persecution fear persecution emphasis original sum repeatedly recognized standards significantly different first glance one might conclude wide practice old spoke fear persecution probative meaning term fear persecution congress adopted analysis legislative history however demonstrates congress added language language incorporated nations protocol congress sought conform see infra congress told extant asylum procedure refugees outside acceptable protocol except fact made various unacceptable geographic political distinctions legislative history indicates congress way wished modify standard used adoption ins argument term fear requires showing clear probability persecution clearly violence congress intent standard admission different one previously applied nations protocol one thing clear legislative history new definition refugee indeed entire act one congress primary purposes bring refugee law conformance nations protocol relating status refugees acceded indeed definition refugee congress adopted see supra virtually identical one prescribed article convention defines refugee individual owing fear persecuted reasons race religion nationality membership particular social group political opinion outside country nationality unable owing fear unwilling avail protection country nationality outside country former habitual residence unable owing fear unwilling return origin protocol definition refugee found constitution international refugee organization iro see stat iro defined refugee person valid objection returning country nationality specified fear based reasonable grounds persecution race religion nationality political opinions constituted valid objection see iro constitution annex pt term incorporated nations convention relating status refugees july committee drafted provision explained expression fear victim persecution means person either actually victim persecution show good reason fears persecution protocol incorporated fear test without modification standard consistently understood drafted well drafting documents adopted certainly require alien show likely persecuted order classified refugee interpreting protocol definition refugee guided analysis set forth office nations high commissioner refugees handbook procedures criteria determining refugee status geneva handbook explains general applicant fear considered well founded establish reasonable degree continued stay country origin become intolerable reasons stated definition reasons intolerable returned ch ii see also high commissioner analysis nations standard consistent examination origins protocol definition well conclusions many scholars studied matter simply room nations definition concluding applicant chance shot tortured otherwise persecuted fear event happening see supra pointed stevic moderate interpretation fear standard indicate long objective situation established evidence need shown situation probably result persecution enough persecution reasonable possibility stevic dealt issue withholding deportation nonrefoulement provision corresponds article convention significantly though article extend right everyone meets definition refugee rather provides contracting state shall expel return refouler refugee manner whatsoever frontiers territories life freedom threatened account race religion nationality membership particular social group political opinion emphasis added thus article requires applicant satisfy two burdens first refugee prove least fear persecution second refugee show life freedom threatened deported section imposition threatened requirement entirely consistent obligations protocol section contrast discretionary mechanism gives attorney general authority grant broader relief asylum refugees correspond article convention instead corresponds article see article provides contracting shall far possible facilitate assimilation naturalization refugees like provision precatory require implementing authority actually grant asylum eligible also like alien must show refugee establish eligibility relief showing persecuted required thus made binding protocol article provides precatory discretionary benefit entire class persons qualify refugees whereas article provides entitlement subcategory threatened persecution upon return precise distinction broad class refugees subcategory entitled relief plainly revealed act see stevic congress rejection house bill sess senate bill sess provided alien must refugee within meaning act order eligible asylum two bills differed however house bill authorized attorney general discretion grant asylum refugee whereas senate bill imposed additional requirement refugee obtain asylum unless deportation return prohibited section although restriction adopted curtailed attorney general discretion grant asylum refugees pursuant affected standard used determine whether alien refugee thus inclusion prohibition senate bill indicates senate recognized difference fear standard standard enactment house bill rather senate bill turn demonstrates congress eventually refused restrict eligibility asylum aliens meeting stricter standard principles statutory construction compelling proposition congress intend sub silentio enact statutory language earlier discarded favor language nachman pension benefit guaranty corporation stewart dissenting cf gulf oil copp paving russello iv ins makes two major arguments support contention reverse appeals hold applicant show fear persecution proving likely persecuted reject arguments first ignores structure act second misconstrues federal courts role reviewing agency statutory construction first ins repeatedly argues structure act dictates decision favor since anomalous affords greater benefits see supra less stringent standard eligibility argument sorely fails take account fact alien satisfies applicable standard right remain simply eligible asylum attorney general discretion chooses grant alien satisfying stricter standard contrast automatically entitled withholding deportation matter salim example board held alien eligible asylum withholding deportation granted limited remedy exercising discretion deny asylum see also walai ins supp sdny matter shirdel interim decision bia consider anomalous entire class refugees show clear probability persecution entitled mandatory suspension deportation eligible discretionary asylum show fear persecution entitled anything eligible discretionary relief asylum basis ins assertion distinction practical significance decisions matter salim supra matter shirdel supra clearly demonstrate practical import distinction moreover act amended purpose changing discretionary mandatory provision see supra congress surely considered distinction important respect definition refugee involved house report provides committee carefully considered arguments new definition might expand numbers refugees eligible come force substantially greater refugee admissions country absorb however merely individual group comes within definition guarantee resettlement ins second principal argument support proposition fear clear probability standard equivalent bia construes two standards ins argues bia construction refugee act entitled substantial deference even conclude appeals reading statutes keeping congress intent argument unpersuasive question whether congress intended two standards identical pure question statutory construction courts decide employing traditional tools statutory construction concluded congress intend two standards identical chevron natural resources defense council explained judiciary final authority issues statutory construction must reject administrative constructions contrary clear congressional intent citing cases employing traditional tools statutory construction ascertains congress intention precise question issue intention law must given effect citations omitted analysis plain language act symmetry nations protocol legislative history lead inexorably conclusion show fear persecution alien need prove likely persecuted home country find ordinary canons statutory construction compelling even without regard longstanding principle construing lingering ambiguities deportation statutes favor alien see ins errico costello ins fong haw tan phelan deportation always harsh measure replete danger alien makes claim subject death persecution forced return home country enacting refugee act congress sought give sufficient flexibility respond situations involving political religious dissidents detainees throughout world holding today increases flexibility rejecting government contention attorney general may even consider granting asylum one fails satisfy strict standard whether refugee eventually granted asylum matter congress left attorney general decide clear congress intend restrict eligibility relief prove likely persecuted deported judgment appeals affirmed footnotes compare ins ins cert pending ins case ins youkhanna ins sankar ins third circuit circuit decide since decision ins stevic standards remain identical reached conclusion however analysis compelled considered bound decision rejaie ins see sankar supra considered whether case rendered moot recent enactment immigration reform control act pub stat nothing act affects statutory provisions related asylum withholding deportation title ii act creates mechanism certain aliens may obtain legalization status section act establishes certain exceptions alien resided continuously unlawful status since january entitled status adjusted alien lawfully admitted temporary residence alien obtains adjustment status new act eligible second adjustment status permanent resident waiting period months see alien obtains permanent residence status route however eligible benefits usually available permanent residents example aliens obtain permanent residence program eligible certain public welfare benefits five years grant new status see record indicates respondent may well eligible eventual adjustment status makes timely application attorney general establishes procedures administering title ii therefore appear respondent might become permanent resident invoking new procedures even unsuccessful pending request asylum nonetheless possibility relief render request asylum moot first legalization provisions act procedures administering new act yet place even benefits identical therefore way knowing time whether respondent able satisfy whatever burden placed upon demonstrate eligibility cf ins chadha second respondent might able obtain permanent residence asylum procedure sooner legalization program satisfies certain conditions may become eligible adjustment status permanent resident months grant asylum see cfr title ii new act contrast waiting period light factors persuaded controversy moot believe new act makes appropriate exercise discretion dismiss writ certiorari improvidently granted question presented case arise arisen hosts asylum proceedings brought aliens arrived january seeking entry refugees countries importance legal issue makes appropriate us address merits prior amendments asylum aliens within governed regulations promulgated ins pursuant attorney general broad parole authority see infra asylum applicants within generally governed act see infra important note attorney general required grant asylum everyone meets definition refugee instead finding alien refugee establish alien may granted asylum discretion attorney general emphasis added see stevic see also infra asylum withholding deportation two distinct forms relief first mentioned entitlement asylum granted eligible refugees pursuant attorney general discretion granted however asylum affords broader benefits bia explained context applicant afghanistan granted relief denied asylum section relief country specific accordingly applicant presently protected deportation afghanistan pursuant section section prevent exclusion deportation pakistan hospitable country section country accept contrast asylum greater form relief granted asylum alien may eligible adjustment status lawful permanent resident pursuant section act residing one year subject numerical limitations applicable regulations matter salim article convention provides contracting state shall expel return refouler refugee manner whatsoever frontiers territories life freedom threatened account race religion nationality membership particular social group political opinion protocol constrained attorney general respect protocol require granting asylum anyone hence subject attorney general similar constraint respect discretion see infra amended new provides attorney general shall deport return alien country attorney general determines alien life freedom threatened country account race religion nationality membership particular social group political opinion emphasis added section literally provides withholding deportation alien life freedom threatened country deported require withholding alien might subject persecution stevic bia agrees term fear used statute refers subjective condition emotion characterized anticipation awareness danger matter acosta interim decision mar citing webster third new international dictionary ed explained plain language statute appears settle question us therefore look legislative history determine whether clearly expressed legislative intention contrary language require us question strong presumption congress expresses intent language chooses see james consumer product safety gte sylvania case far causing us question conclusion flows statutory language legislative history adds compelling support holding congress never intended restrict eligibility asylum aliens satisfy strict objective standard definition also applies governs adjustment status refugees granted asylum procedure authorized regulation since see cfr pt administered ins district directors rather bia noted stevic regulations explicitly adopt standard exercise discretion application provide denial asylum application shall preclude alien subsequent expulsion hearing applying benefits section act articles convention relating status refugees cfr regulations amended confer jurisdiction asylum requests bia first time ibid see also matter janus janek bia district director level claims generally processed see supra distinction also recognized matter ugricic district director articulated test whether applicant prove persecuted good reason fear persecution see hereafter substantive standard asylum changed hereafter discussing geographic limitations hearings house subcommittee international operations committee foreign affairs remarks david martin ins argues congress intended perpetuate standard used informal parole proceedings regulations see supra asylum procedure regulations provided standard amended provide applicant burden satisfying immigration judge subject persecution cfr standard identical one set forth regulations treatment applications withholding deportation see cfr argument congress intended adhere standard used informal parole proceedings squared congress use entirely different formulation standard defining refugee one much closer statute focus standard developed regulations moreover extent congress ambiguous practice sought incorporate far reasonable conclude sought continue practice statutory provision adhere informal parole practices attorney general matter congress involvement government relies following passage senate report support contention congress sought incorporate standard parole proceedings bill establishes asylum provision immigration nationality act first time improving clarifying procedures determining asylum claims filed aliens physically present substantive standard changed justice powell claim house report also sought incorporate informal asylum standard unfounded post passage quotes context plainly indicate house report referred means entry issue dealt asylum regulations see committee reference attorney general asylum procedures seven pages later text discussion labeled asylum even dealing definition fear see certainly nothing support justice powell conclusion although evidence concerns application term refugee term defined obviously one meaning justice powell suggests definition fear interpreted incorporating standard asylum regulations rather standard natural speak preserving interpretation governed form relief one applied different form relief post emphasis added since definition applies asylum relief corresponding old well corresponding old attorney general regulations difficult understand justice powell reasons likely congress preserved form relief emphasis added question answer based congress choice language legislative history congress sought incorporate standard used see conf displaced persons act stat congress adopted iro definition term refugee thus used fear persecution standard standard retained refugee relief act stat well refugee escapee act stat congress enacted act used fear persecution standard interpretation afforded iro definition important understanding nations definition since committee drafting nations definition made clear sought assure new consolidated convention afford least much protection refugees provided previous agreements nations economic social council report ad hoc committee statelessness related problems doc hereafter manual eligibility officers iro stated fear persecution regarded valid objection whenever applicant make plausible owing religious political convictions race afraid discrimination persecution returning home reasonable grounds understood meaning applicant give plausible coherent account fears persecution international refugee organization manual eligibility officers ch iv annex pt undated circulated although never party convention party protocol incorporates convention definition relevant part see suggest course explanation handbook force law way binds ins reference asylum provisions indeed handbook disclaims force explaining determination refugee status convention protocol incumbent upon contracting state whose territory refugee finds office nations high commissioner refugees handbook procedures criteria determining refugee status ii geneva nonetheless handbook provides significant guidance construing protocol congress sought conform widely considered useful giving content obligations protocol establishes see mcmullen ins matter frentescu bia matter bia board decision matter dunar particularly probative protocol means interacts provisions act dunar board faced question whether accession protocol modified standard proof applied board elaborating principle treaties lightly read superseding prior acts congress found evidence congress sought modify standard therefore construed provisions inherently inconsistent even board recognized tension standards satisfied reconciled consideration arise whether board correct dunar holding based presumption two provisions consistent says little protocol interpreted absent presumption given congress amendment statute make conform protocol see distinguishing prediction relation standards analysis congress actual intent see status refugees international law real chance suffer persecution reason good enough fear refugee international law balance probability test inappropriate appropriate test reasonable chance substantial grounds thinking serious possibility see generally cox fear persecuted sources application criterion refugee status brooklyn law act made withholding deportation mandatory order comply article see supra section senate bill provided attorney general shall establish uniform procedure alien physically present irrespective status apply asylum alien shall granted asylum refugee within meaning section deportation return prohibited section act see act culmination decade legislative proposals reform refugee laws see generally anker posner forty year crisis legislative history refugee act san diego rev number occasions period government objected fear standard arguing limited providing fear opinion attorney general failure add opinion attorney general make extremely difficult administer section since entirely subjective western hemisphere immigration hearings subcommittee committee judiciary statement hon francis kellogg special assistant secretary state see also anker posner supra helton political asylum refugee act unfulfilled promise ref light kind testimony attention issue unrealistic suggest congress realize fear standard significantly different standard continuously part certain exceptions relevant see alien participated persecution person alien convicted serious crime constitutes danger community view ins heavy reliance principle deference described chevron natural resources defense council set forth relevant text entirety reviews agency construction statute administers confronted two questions first always question whether congress directly spoken precise question issue intent congress clear end matter well agency must give effect unambiguously expressed intent congress however determines congress directly addressed precise question issue simply impose construction statute necessary absence administrative interpretation rather statute silent ambiguous respect specific issue question whether agency answer based permissible construction statute power administrative agency administer congressionally created program necessarily requires formulation policy making rules fill gap left implicitly explicitly congress morton ruiz congress explicitly left gap agency fill express delegation authority agency elucidate specific provision statute regulation legislative regulations given controlling weight unless arbitrary capricious manifestly contrary statute sometimes legislative delegation agency particular question implicit rather explicit case may substitute construction statutory provision reasonable interpretation made administrator agency long recognized considerable weight accorded executive department construction statutory scheme entrusted administer principle deference administrative interpretations consistently followed whenever decision meaning reach statute involved reconciling conflicting policies full understanding force statutory policy given situation depended upon ordinary knowledge respecting matters subjected agency regulations choice represents reasonable accommodation conflicting policies committed agency care statute disturb unless appears statute legislative history accommodation one congress sanctioned shimer accord capital cities cable crisp light principles clear appeals misconceived nature role reviewing regulations issue determined examination legislation congress actually intent regarding applicability bubble concept permit program question whether view concept inappropriate general context program designed improve air quality whether administrator view appropriate context particular program reasonable one based examination legislation history follows agree appeals congress specific intention applicability bubble concept cases conclude epa use concept reasonable policy choice agency make citations footnotes omitted additional reason rejecting ins request heightened deference position inconsistency positions bia taken years agency interpretation relevant provision conflicts agency earlier interpretation entitled considerably less deference consistently held agency view watt alaska see also general electric gilbert bia answered question relationship objective standard standard nations protocol least three different ways period enacted bia expressly recognized prescribed different standards see supra moreover although bia decided two standards irreconcilably different see matter dunar ins still instructing officials apply good reason test requests asylum aliens within see dept justice ins operating instructions regulations tm explaining fear satisfied applicant show good reason fears persecution case decided bia adhered view ins espouses complete identity standards however bia decided reevaluate position issued comprehensive opinion explain latest understanding fear standard matter acosta interim decision mar acosta bia noted number similarities two standards concluded practical application comparable essentially comparable differences meaningful agency never stated identical equivalent interchangeable contrary acosta opinion establishes two standards differ describing objective component asylum standard bia concluded alien required establish likelihood persecution particular degree certainty must real chance alien become victim persecution necessary show persecution likely occur acosta opinion written decided stevic standard requires application supported evidence establishing likely alien subject persecution decision acosta long pattern erratic treatment issue make apparent bia consistently agreed even today completely agree ins litigation position two standards equivalent meaningful differences two standards may question fully decided abstract fact congress prescribed two different standards act certainly implies intended significantly different meanings accept ins argument impossible think fear except likely terms board able long time see matter tan matter adamska apparently little trouble applying two separate standards compliance recent courts appeals decisions see matter sanchez escobar interim decision justice powell argues appeals reversed different reason misinterpreted bia decision see post issue raised parties briefs neither set forth fairly included within question presented petition certiorari see rule question presented asked whether alien burden proving eligibility asylum pursuant section immigration nationality act equivalent burden proving eligibility withholding deportation pursuant section act pet cert justice blackmun concurring join opinion judgment thus accept narrow conclusion immigration judge bia incorrect holding standards withholding deportation granting asylum identical ante accordance holding eschews attempt give substance term fear leaves task process adjudication ins agency charge administering immigration laws ibid write separately briefly emphasize understanding opinion directed ins appropriate sources agency derive meaning fear standard meaning refined later adjudication emphasis believe particularly needed agency previous interpretation statutory term strikingly contrary plain language legislative history thus observes ante language term fear demands particular type analysis examination subjective feelings applicant asylum coupled inquiry objective nature articulated reasons fear moreover describing act congress attempting bring country refugee laws conformity nations protocol notes act definition refugee wherein fear term appears ante tracks language protocol see ante language rich history interpretation international law scholarly commentaries see ante nn ins need ignore sources guidance directions significant agency formulation fear standard finally view opinions courts appeals almost uniformly rejected ins misreading statutory language legislative history provide admirable example adjudication needed development standard although refers conflict among courts see ante one exception see courts appeals addressed question concluded standards withholding deportation granting asylum rather differences opinion arisen precise formulation fear standard differences arise courts agencies seriously grapple problems developing standard whose form first given statutory language intimations legislative history whose final contours shaped application standard facts specific cases efforts courts stand stark contrast sad say alone make years seemingly purposeful blindness ins begins task developing standard entrusted care see ins relevant fear reasonable person keeping mind context reasonable person facing possibility persecution perhaps including loss freedom even cases loss life ins cert pending alien possesses fear persecution reasonable person circumstances fear persecution returned native country ins case contrast term fear requires alien subjective fear fear enough basis considered ins applicant must present specific facts establishing actually victim persecution good reason fear singled persecution account race religion nationality membership particular social group political opinion emphasis original justice scalia concurring judgment agree plain meaning fear structure immigration nationality act act clearly demonstrate fear standard clear probability standard equivalent concur judgment rather join opinion however two reasons first despite reached conclusion undertakes exhaustive investigation legislative history act ante attempts justify inquiry relying upon doctrine legislative history enactment reveals clearly expressed legislative intention contrary enactment language required question strong presumption congress expresses intent language chooses ante although true recent times expressed approval doctrine mind deviation venerable principle language statute clear language must given effect least absence patent absurdity see wiltberger wheat opinion marshall hartwell wall bate refrigerating sulzberger opinion harlan caminetti packard motor car nlrb opinion jackson sullivan opinion black unexcelled chemical opinion douglas judges interpret laws rather reconstruct legislators intentions language laws clear free replace unenacted legislative intent even lights however explication legislative history act excessive ins makes number specific arguments based upon legislative history act sufficed seems determine whether specific arguments establish clearly expressed legislative intent two standards equivalent think obvious apparently simply need lengthy effort ascertain import entire legislative history effort objectionable gratuitous concerned interpreted suggest similarly exhaustive analyses generally appropriate worse yet required cases language enactment issue clear also fear case conduct inquiry interpreted betrayal assurance attempt set forth detailed description fear test applied ante see ante appearing endorse particular interpretation fear far troubled however discussion question whether ins interpretation fear entitled deference since quite rightly concludes ins interpretation clearly inconsistent plain meaning phrase structure act see ante simply need thus justification discussion whether interpretation entitled deference see chevron natural resources defense council intent congress clear end matter well agency must give effect unambiguously expressed intent congress omitted even unjustifiable however use superfluous discussion occasion express controversial believe erroneous views meaning decision chevron chevron stated unambiguously expressed intent congress may substitute construction statutory provision reasonable interpretation made administrator agency consistently interpreted chevron extremely important frequently cited opinion courts appeals holding courts must give effect reasonable agency interpretation statute unless interpretation inconsistent clearly expressed congressional intent see japan whaling assn american cetacean fulton hillsborough county florida automated medical laboratories chemical manufacturers assn natural resources defense council discussion flatly inconsistent interpretation first implies courts may substitute interpretation statute agency whenever mploying traditional tools statutory construction able reach conclusion proper interpretation statute ante approach make deference doctrine desperation authorizing courts defer otherwise unable construe enactment issue interpretation evisceration chevron also implies courts may substitute interpretation statute agency whenever face pure question statutory construction courts decide ante rather question interpretation agency required apply legal standard particular set facts ante support adduced proposition contradicted case purports interpreting since chevron deferred environmental protection agency abstract interpretation phrase stationary source view badly misinterprets chevron fundamentally however neither share understand eagerness refashion important principles administrative law case questions completely unnecessary decision fully briefed parties concur judgment justice powell chief justice justice white join dissenting many people come country fear persecution homeland congress provided two forms relief people asylum see immigration nationality act added stat withholding deportation see stat amended stat board immigration appeals bia concluded practical distinction objective proofs alien must submit eligible two forms relief rejects conclusion believe bia interpretation statute reasonable dissent opinion seems assume bia adopted rigorous mathematical approach asylum cases requiring aliens demonstrate objectively quantifiable risk persecution homeland argues position inconsistent language history act never bia position thus useful examine bia approach detail evaluating rejection bia approach bia tribunal primary responsibility applying act greatest experience bia interpretation statutory term fear appears matter acosta interim decision mar bia analysis immigration judge evaluating asylum application begin determining underlying historical facts burden persuasion rests applicant must establish truth facts preponderance evidence see citing inter alia gordon rosenfield immigration law procedure rev ed immigration judge decided historical facts applicant demonstrated decides whether facts meet definition refugee set forth act major point contention case concerns section requirement fear acosta bia adhered interpretation language developed matter dunar requirement fear rules apprehension purely subjective sort showing must made ordinarily done objective evidence claimant testimony facts sometimes available crucial question whether testimony accepted true makes realistic likelihood persecuted acosta supra quoting dunar supra emphasis added acosta board use words realistic likelihood mean fear persecution requires alien establish particular degree certainty probability opposed possibility become victim persecution rather practical matter mean best described follows evidence must demonstrate alien possesses belief characteristic persecutor seeks overcome others means punishment sort persecutor already aware easily become aware alien possesses belief characteristic persecutor capability punishing alien persecutor inclination punish alien acosta supra one might conclude fear persecution requires showing persecution likely occur refers standard different clear probability persecution requires showing persecution likely occur practical matter however facts asylum withholding cases produce instances fine distinctions meaningfully made inquiry cases quantitative examine variety statistics discern theoretical degree likelihood persecution rather inquiry qualitative examine alien experiences external events determine kind enable us conclude alien likely become victim persecution context find meaningful distinction standard requiring showing persecution likely occur standard requiring showing persecution likely occur accordingly conclude standards asylum withholding deportation meaningfully different practical application converge ii part ii opinion examines language act section provides attorney general shall grant withholding deportation country alien life freedom threatened section provides attorney general discretion grant asylum attorney general determines alien refugee crucial language act added stat defines refugee person fear persecution view language disposes case ante respect issue presented case find language far ambiguous respondent contends bia fallen error equating objective showings required notes language differs language contemplates partially subjective inquiry premise moves little explanation conclusion objective inquiries two sections necessarily different reaching conclusion gives short shrift words clearly require objective basis alien fear critical question presented case whether objective basis required fear persecution differs practice objective basis required clear probability persecution standards necessarily contemplate objective basis agree implicit conclusion statute resolves question face view character evidence sufficient meet two standards question best answered entity familiar types evidence issues arise cases congress limited eligibility asylum persons attorney general determines refugees see attorney general delegated responsibility making determinations bia board examined cases ever ever made considered judgment difference clear probability standards practical import evidence presented asylum withholding deportation cases rarely ever meet one standards without meeting type expert judgment formed entity congress committed question defer ignores practical realities recognized expert agency instead concentrates semantic niceties posits hypothetical situation government sought execute every adult male view fear executions even persecution particular individual likely occur see ante hypothetical irrelevant addresses mathematically demanding interpretation relation bia actual treatment asylum applications address validity bia judgment evidence presenting distinction encountered infrequently ever common sense human experience support bia conclusion governments rarely persecute people numbers highly unlikely evidence presented asylum withholding deportation hearing demonstrate mathematically specific risk persecution posited hypothetical taking account types evidence normally available asylum cases bia chosen make qualitative evaluation realistic likelihoods read acosta opinion individual fled country avoid mass executions might eligible withholding deportation asylum whether presented evidence numerical reach persecution see acosta interim decision nowhere consider whether bia interpretation unreasonable consider bia view types evidentiary presentations aliens generally make asylum cases sum words congress chosen fear ambiguous contemplate objective basis without specifying particular evidentiary threshold reason suppose formulation inconsistent analysis set forth acosta bia concluded fear unless fear objective basis indicating realistic likelihood persecution occur based text act alone conclude conclusion unreasonable iii bolsters interpretation language act reference three parts legislative history closer examination materials demonstrates ambiguous nothing relies provides positive basis arguing material difference two standards first cites legislative history indicating congress wished preserve existing standard placed words fear act concludes standard congress intended preserve bia practice old stat section authorized attorney general grant conditional entry aliens fleeing communist countries middle east long established fear persecution argues congress chose words fear preserve asylum standard prior interpretation word fear standard conditional entry contrast argues congress chose words fear preserve attorney general regulations governing applications asylum aliens regulations substantially accord bia view namely significant difference fear clear probability standards compare cfr asylum cfr withholding deportation common sense suggests better argument natural speak preserving interpretation governed form relief one applied different form relief moreover legislative history makes clear congress referring regulations rather senate report bill improv es clarif ies procedures determining asylum claims filed aliens physically present substantive standard changed recognizes ante statement unquestionably refers informal procedures aliens statutory procedures similarly house report new definition create new expanded means entry instead regularizes formalizes policies practices followed recent years emphasis added congress hardly felt need formalize statutory procedures indeed house report cites attorney general regulations extant procedures referring view legislative history indicates congress choice words fear standard eligibility asylum intended carry forward practice attorney general adjudicating asylum applications attorney general concluded standard asylum substantially identical standard withholding deportation decision interpret language way entirely reasonable second relies materials interpreting nations protocol ante several reasons find materials marginally relevant president senate thought protocol perfectly consistent country immigration laws see ins stevic citing legislative history reluctant assume country violating protocol years since adoption moreover recognizes statements nations high commissioner refugees binding force determination refugee status protocol incumbent upon contracting state ante quoting office nations high commissioner refugees handbook procedures criteria determining refugee status ii geneva event materials discussed shed little light question presented case none burden proof nonrefoulement article nations protocol remedy essentially identical withholding deportation act higher burden proof asylum article thing materials tend establish mathematical approach likelihood persecution asylum cases arguably inconsistent sense drafters protocol bia declined adopt approach see supra simply irrelevant approach might inconsistent views commentators protocol finally places great weight changes act made conference committee notes senate bill authorized attorney general grant asylum applicant refugee within meaning section deportation return prohibited section act conjectures language indicates senate recognized difference fear standard standard enactment house bill rather senate bill turn demonstrates congress eventually refused restrict eligibility asylum aliens meeting stricter standard ante omitted neither premise conclusion justified language senate bill demonstrate senate recognized difference two standards senate easily included language ensure attorney general held position difference standards moreover reason believe changes made conference committee reflected considered rejection portion senate definition refugee rather conference committee report demonstrates conference thought bills adopted general definition refugee definition see conf differences conference saw bills related treatment refugees still homeland refugees firmly resettled another country see ibid short see reason believe minor differences wording senate bill act passed reflect rejection position significant difference two standards thus place weight conference committee choice language house bill iv even agreed conclusion significant difference standards asylum withholding deportation reverse decision appeals uphold decision bia case careful reading decisions bia immigration judge demonstrates bia applied lower asylum standard case respondent claim asylum rested solely testimony brother experienced difficulties authorities nicaragua immigration judge rejected respondent claim found evidence substance record brother claim asylum app pet cert found none evidence indicates respondent persecuted political beliefs whatever may belongs particular social group proven members family brother sic detained interrogated arrested imprisoned tortured convicted sentenced regime presently power nicaragua ibid appeal bia affirmed decided case passage act opinion acosta time bia confronted number conflicting decisions courts appeals correct standard evaluating asylum applications bia noted three different formulations fear standard clear probability test see rejaie ins good reason test see stevic sava rev grounds ins stevic realistic likelihood test bia adopted matter dunar app pet cert see supra discussing acosta reviewing evidence respondent submitted immigration judge bia concluded respondent obtain relief standards bia focused especially fact respondent openly admitted taken actions nicaraguan government admits never politically active testified never assisted brother political activities moreover admits never singled persecution present government app pet cert board appears feel exempt holding marbury madison constrained circuit opinions board applied construction applicant burden proof asylum case claims copetitioner held required demonstrate clear probability persecution order declared eligible asylum citation omitted view misconstrues act misreads legislative history moreover neither appeals identified error decision bia case neither examined factual findings decision rested legal standard bia applied facts reverse decision appeals suggests bia interpretation fear standard erratic ante examination relevant bia decisions leads contrary conclusion bia first addressed standard matter dunar case bia considered meaning term fear nations protocol relating status refugees congress inserted language asylum provisions act bia interpreted language mean exactly thing language protocol matter acosta interim decision mar thus bia position never changed bases characterization bia record decisions applying lenient fear standard anything statutes clear fear something fear unfair characterize bia decisions erratic agency fact interpreting two different standards bia interpreted statutory definition require proof four elements alien must fear persecution ii fear must iii persecution must account race religion nationality membership particular social group political opinion iv alien must unable unwilling return homeland persecution fear persecution see course applicant meet four elements fear standards see supra quoting acosta interim decision although requirements restrict grants relief cases none rests mathematical considerations suggests govern current bia practice moreover exegesis plain meaning phrase way suggests bia test misinterpretation statute regulations constituted country informal attempt comply exhortation convention relating status refugees facilitate assimilation naturalization art persons fear persecuted art parties agree convention language ultimate source language congress placed act concludes senate report probative force conference committee adopted house language rather senate language changes language made conference committee help position explain infra page house report indicates house bill also intended adopt standards set forth regulations moreover suggestion conference report change language affected substantive standard see infra interpretation supported evidence house bill like senate bill intended preserve attorney general regulations treating two standards substantially identical see supra contends question us ante find suggestion quite strange immigration naturalization service asked determine hether alien burden proving eligibility asylum equivalent burden proving eligibility withholding deportation pet cert question whether two standards equivalent fairly includes rule problem defining appropriate standard asylum question answered facts case sit answer hypothetical questions statutory construction normally resolve questions examining facts case us case affirms appeals decision bia required intolerably high burden proof case yet like appeals examines neither facts case us legal standard bia applied view rule contemplate result terms acosta test fear respondent claim failed first second elements respondent failed show either possesses belief characteristic persecutor seeks overcome persecutor already aware easily become aware possesses belief characteristic acosta interim decision