Title:

Daniel Girmai Negusie v. Michael B. Mukasey, Attorney General

Subject:

Immigration and Nationality Act (INA), Asylum, Withholding of Removal, Persecution Exception, 8 U.S.C. section 1158(b) (2)(A)

Question:

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 section 208(b)(2)(A), 8 U.S.C. section 1158(b) (2)(A). 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.

Decisions:

• U.S. Court of Appeals - 5th Circuit Unpublished Opinion Filed: May 15, 2007
• United States Supreme Court Cert. Granted: March 17, 2008

Resources:

• Docket Sheet From the U.S. Supreme Court.