Negusie v. Holder (2008)
- Docket
- 07-499
- Decided
- 2008-01-01
Summary
Question: Can a foreign citizen who is denied asylum due to his involvement in the persecution of others on the basis of a protected ground argue that he was compelled to do so by his military superiors and, on several occasions, actually attempted to help those who were being persecuted? Conclusion: Not answered. The Supreme Court held that the BIA and Fifth Circuit erred when they evaluated Mr. Negusie's asylum petition because they presumed it mandatory that an alien's coercion to persecute was immaterial when determining whether the "persecutor bar" applies. With Justice Anthony M. Kennedy writing for the majority and joined by Chief Justice John G. Roberts, Justice Antonin G. Scalia, Justice David H. Souter, Justice Ruth Bader Ginsburg, and Justice Samuel A. Alito, the Court found that the BIA failed to exercise its discretion when interpreting ambiguous provisions of the Immigration and Nationality Act (INA) and therefore interpreted the INA from a mistaken legal premise. The Court ordered that the BIA interpret the ambiguous provisions of the INA and then review Mr. Negusie's case with respect to its interpretation. Justice Scalia, joined by Justice Alito, wrote a separate concurring opinion noting that he would not have agreed to remand Mr. Negusie's case had the majority prevented the BIA from reaching the same conclusion once again. Justice John Paul Stevens, joined by Justice Stephen G. Breyer, concurred in part and dissented in part. He criticized the majority for failing to establish a standard for when the "persecutor bar" applies to an alien's asylum petition. Justice Clarence Thomas also dissented, arguing that the INA unambiguously precludes any inquiry into whether the persecutor acted voluntarily or was coerced.