The case concerned Aloyzas Balsys, a Lithuanian who immigrated to the United States in 1961.

[2] His wartime activities between 1940 and 1944 came into question by the Justice Department's Office of Special Investigations (OSI) and become the center of the dispute over this case.

In 1979 the Justice Department's Office of Special Investigations (OSI) was established to investigate and deport supporters found of persecuting "any person because of race, religion, national origin, or political opinion.

"[3] Fearing deportations at the deposition, Balsys invoked the Fifth Amendment right against self incrimination.

The District court agreed that Balsys testimony could put him in danger with foreign countries but claimed that:"The reasonableness of his fear is not challenged by the Government, and we thus squarely face the question whether a criminal prosecution by a foreign government not subject to our constitutional guarantees presents a “criminal case” for purposes of the privilege against self-incrimination.