Negusie v. Mukasey

SCOTUS Blog has briefs and other materials on the pending Supreme Court case of Negusie v. Mukasey, which will be argued this Term.

The issue presented by the case is ahether the provision of the Immigration and Naturalization Act that prohibits the granting of asylum to individuals found to have themselves engaged in persecution applies to those who were compelled to do so by threats of deaths or torture.

The petitioner in the case, Daniel Girmai Negusie, at age 18, was forcibly conscripted by Eritrean military forces in the longstanding war with Ethiopia. On account of his Ethiopian heritage, however, Negusie refused to fight against those he deemed his “brothers.” He served roughly two years in prison on account of his refusal.  Following his term of imprisonment, Negusie was directed to serve as a guard at the same prison where he had been held.  Torture reportedly is common at the prison.  Based on his work as a prisoner, teh Fifth Circuit denied Negusie relief, finding the forcible service as a prison guard irrelevant to decidiing applicability of the bar.

KJ