Negusie v. Holder
United States Supreme Court
555 U.S. 511 (2009)
Negusie (plaintiff), an Ethiopian who fled to Eritrea, was forcibly conscripted, imprisoned and beaten for refusing to fight against Ethiopia, and then forced to serve as an armed prison guard where he witnessed a prisoner die from sun exposure. He eventually escaped to the United States and sought asylum. The immigration judge denied relief, finding Negusie's guard service barred asylum as "assistance in persecution," without crediting his claim of duress; the Board of Immigration Appeals (BIA) and the court of appeals affirmed based on precedent holding that motive and intent are irrelevant to this bar.
Whether the Board of Immigration Appeals must consider factors such as motive, intent, coercion, and duress in deciding whether an alien's participation in persecution bars eligibility for asylum.