United States Supreme Court
Negusie v. Holder, 07-499
In an application for asylum, the denial of the application based on Petitioner's persecution of others is reversed, where the Board of Immigrant Appeals misapplied Fedorenko v. US, 449 U.S. 490 (1981), as mandating that whether an alien is compelled to assist in persecution is immaterial for persecutor-bar purposes. The BIA must interpret the statute, free from this mistaken legal premise, in the first instance.
Appellate Information
- Decided 03/03/2009
- Published 03/03/2009
Judges
Court
- United States Supreme Court