Tuesday, October 28, 2008
The Immigration and Nationality Act (“INA”) prohibits the Secretary of Homeland Security and the Attorney General of the United States 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 § 208(b)(2)(A), 8 U.S.C. § 1158(b)(2)(A).
The question presented in a case to be heard by the U.S. Supreme Court will consider whether this “persecutor exception” in the immirgration statutes prohibits the U.S. from granting asylum to (or withholding of removal of) a refugee who participates in persecution only because he is credibly threatened with death or torture if he doesn't.
Click here to read more about the case, Negusie v. Mukasey. The Supreme Court will hear oral arguments on the case on November 5, 2008.