Negusie v. Holder
| Negusie v. Holder | |
|---|---|
 | |
| Argued November 5, 2008 Decided March 3, 2009 | |
| Full case name | Daniel Girmai Negusie, Petitioner v. Eric H. Holder, Jr., Attorney General |
| Citations | 555 U.S. 511 (more) 129 S. Ct. 1159; 173 L. Ed. 2d 20; 2009 U.S. LEXIS 1768 |
| Case history | |
| Prior | Negusie v. Gonzales, 231 F. App'x 325 (5th Cir. 2007); cert. granted, 552 U.S. 1255 (2008). |
| Holding | |
| The BIA and Fifth Circuit misapplied Fedorenko as mandating that whether an alien is compelled to assist in persecution is immaterial for persecutor-bar purposes. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Kennedy, joined by Roberts, Scalia, Souter, Ginsburg, Alito |
| Concurrence | Scalia, joined by Alito |
| Concur/dissent | Stevens, joined by Breyer |
| Dissent | Thomas |
| Laws applied | |
| Refugee Act of 1980 | |
Negusie v. Holder, 555 U.S. 511 (2009), was a decision by the United States Supreme Court involving whether the bar to asylum in the United States for persecutors applies to asylum applicants who have been the target of credible threats of harm or torture in their home countries for refusing to participate further in persecution.[1] The petitioner, Daniel Negusie, claimed he was forced to assist in the mistreatment of prisoners in Eritrea under threat of execution, and that because any assistance he rendered was provided under duress he should still be eligible for asylum.
The Court held that the Board of Immigration Appeals and United States Court of Appeals for the Fifth Circuit erred in their interpretation of the Court's holding in Fedorenko v. United States (1981) when they evaluated Negusie's asylum petition, as they presumed that an alien's claimed coercion to participate in persecution was immaterial to determining whether the "persecutor bar" applies.
See also
- Fedorenko v. United States (1981)
References
Further reading
- Karp, David A. (2009). "Setting the Persecutor Bar for Political Asylum after Negusie". Florida Law Review. 61 (4): 933–943.
- Lonegan, Bryan (2011). "Sinners or Saints: Child Soldiers and the Persecutor Bar to Asylum After Negusie v. Holder". Boston College Third World Law Journal. 31 (1): 71–99.
- Simon, Charlotte (2010). "Change is Coming: Rethinking the Material Support Bar following the Supreme Court's Holding in Negusie v. Holder". Houston Law Review. 47 (3): 707–740.
External links
- Text of Negusie v. Holder, 555 U.S. 511 (2009) is available from: Cornell CourtListener Google Scholar Justia Oyez (oral argument audio)
 | This article related to the Supreme Court of the United States is a stub. You can help Wikipedia by expanding it. |