M A v. Immigration and Naturalization Service

Abstract

Aliens — Refugees — Refugee status — Geneva Convention Relating to the Status of Refugees, 1951 and Protocol, 1967 — Implementation — Determination of refugee status — Applicable standard — United States Immigration and Nationality Act 1952 — Refugee Act 1980 — Interpretation — Application for refugee status by person seeking to evade conscription — Whether applicant established well-founded fear of persecution — Guidance from United Nations High Commissioner for Refugees

War and armed conflict — Internal conflicts — Geneva Conventions on the Law of Armed Conflict, 1949, common Article 3 — Second Additional Protocol to the Geneva Conventions, 1977 — Conflict in El Salvador — Alleged violations of law by El Salvador armed forces — Person seeking to avoid conscription into El Salvador armed forces — Whether entitled to refugee status — Whether necessary that alleged violations be condemned by international community — The law of the United States