Negusie v. Mukasey
Encyclopedia
Negusie v. Holder 555 U.S. 511
(2009), was a legal case in which the United States Supreme Court agreed to review the issue 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 if they refuse to further participate in the acts of persecution. At issue is whether Daniel Negusie, who says he was forced to assist in the mistreatment of prisoners in Eritrea
under threat of execution, may nonetheless apply for asylum because any assistance he rendered was provided under duress.
The court held that the BIA and United States Court of Appeals for the Fifth Circuit
erred when they evaluated 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.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(2009), was a legal case in which the United States Supreme Court agreed to review the issue whether the bar to asylum in the United States
Asylum in the United States
The United States honors the right of asylum of individuals as specified by international and federal law. A specified number of legally defined refugees, who apply for asylum either overseas or after arriving in the U.S., are admitted annually. Refugees compose about one-tenth of the total...
for persecutors applies to asylum applicants who have been the target of credible threats of harm or torture in their home countries if they refuse to further participate in the acts of persecution. At issue is whether Daniel Negusie, who says he was forced to assist in the mistreatment of prisoners in Eritrea
Eritrea
Eritrea , officially the State of Eritrea, is a country in the Horn of Africa. Eritrea derives it's name from the Greek word Erethria, meaning 'red land'. The capital is Asmara. It is bordered by Sudan in the west, Ethiopia in the south, and Djibouti in the southeast...
under threat of execution, may nonetheless apply for asylum because any assistance he rendered was provided under duress.
The court held that the BIA and United States Court of Appeals for the Fifth Circuit
United States Court of Appeals for the Fifth Circuit
The United States Court of Appeals for the Fifth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Louisiana* Middle District of Louisiana...
erred when they evaluated 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.
See also
- List of United States Supreme Court cases, volume 555
- Fedorenko v. United StatesFedorenko v. United StatesFedorenko v. United States, , was a United States Supreme Court case which held that people who assisted in Nazi persecutions, whether voluntarily or involuntarily, were not eligible for visas to enter the United States, and thus could not legally obtain United States citizenship...
(1981) - List of United States Supreme Court cases