In July 1987, Jairo Jonathan Elias-Zacarias was arrested for illegally entering the United States without inspection.

§ 1101(a)(42), any alien who is "unable or unwilling to return to his home country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion" is eligible for asylum in the United States.

There were many reasons apparent to the Court why a person might not want to join a guerrilla organization, and not all of them were related to a political opinion.

He might be afraid of combat, he might want to remain with his family and friends, he might wish to "earn a better living in civilian life."

Thus, the mere existence of a generalized 'political' motive underlying the guerrillas' forced recruitment is inadequate to establish... the proposition that Elias-Zacarias fears persecution on account of political opinion."

After all, if he had prevailed, he would simply have been eligible for asylum; the ultimate decision to grant him that status still rested with the United States Attorney General.

Second, the guerrillas' threat to kill Elias-Zacarias for refusing to join their cause was indisputably "on account of" the political opinion to remain neutral with respect to their fight against the government.