Daniel Girmai Negusie v. Michael B. Mukasey, Attorney General
Immigration and Nationality Act (INA), Asylum, Withholding of Removal, Persecution Exception, 8 U.S.C. section 1158(b) (2)(A)
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.
Gregory G. Garre
United States Department of Justice
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