Ohio State Journal of Criminal Law

OSJCL Amici Board of Advisors

OSJCL Amici: Views from the Field

Negusie v. Michael B. Mukasey

Issue is Immigration and Naturalization Act, which confers Attorney General discretion to grant asylum to refugees, but prohibits discretion for any person ordering inciting assisting or otherwise participating in persecution of others on basis of race, religion nationality membership in particular social group. Issue is whether this applies to alien whose involvement was involuntary due to fear of death or serious bodily harm.

Individual in this case was involved in Ethiopian-Eritrean War. At the age of 18 he was detained and forced to work in a salt mine and later was forced to undergo military training. After later refusing to serve in the military he was imprisoned and later forced to work as a prison guard. It was during this time that he was instructed to on occasion punish prisoners, which he claims to have refused to do. In spite of this the Immigration judge determined b/c he helped keep prisoners this was enough to refuse asylum. The Board of Immigration Appeals dismissed Petitioners appeal, which was affirmed by the Court of Appeals, which claimed motive for persecution was not relevant.



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