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Negusie v. Holder

Docket No.: 07-499
Certiorari Granted: Mar 17 2008
Argued: November 5, 2008
Decided: 3/3/09

PartyNames: NEGUSIE v. HOLDER, ATTORNEY GENERAL
Petitioner: Daniel Girmai Negusie
Respondent: Eric H. Holder, Jr., Attorney General

Court Below: UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

Daniel Girmai Negusie
v.
Eric H. Holder, Jr., Attorney General
Background:

The Immigration and Nationality Act (INA) prohibits the Secretary of Homeland Security and the Attorney General from granting asylum to, or withholding removal of, a refugee who has "ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion." INA § 208(b)(2)(A), 8 U.S.C. § 1158(b)(2)(A).

Question Presented:

The question presented is: Whether this "persecutor exception" prohibits granting asylum to, and withholding of removal of, a refugee who is compelled against his will by credible threats of death or torture to assist or participate in acts of persecution.

Holding: judgment reversed and remanded
Vote: 6-3
Opinion By:
Read NEGUSIE V. HOLDER opinion (PDF)