July 15, 2009
On Tuesday, March 3, the Supreme Court announced its decision in Negusie v. Holder, argued in November as Negusie v. Mukasey. In this case, the Supreme Court considered whether the “persecutor bar” of the Immigration and Naturalization Act prohibits the granting of asylum to those who were compelled to engage in persecution by threats of death or torture. In a decision delivered by Justice Kennedy, the Court held that the Board of Immigration Appeals and the Fifth Circuit had improperly relied on Federenko as controlling precedent and that the question must be addressed in the first instance by the Board on remand. Morgan Lewis partner Allyson Ho discusses the decision.
Oral Argument - November 5, 2008:
Decision - March 3, 2009: