Supreme Court of the United States

Negusie v. Holder

March 3, 2009555 U.S. 511

Summary

The Court held that the agency and the Court of Appeals improperly treated prior precedent as requiring the persecutor bar to apply categorically to coerced assistance in persecution. Because the statute is ambiguous on whether coercion or duress matters, the agency must interpret the statute in the first instance without relying on that mistaken premise, and the judgment was reversed and remanded. Justice Thomas, dissenting, would have held that the statute unambiguously excludes any voluntariness exception; Justice Stevens, joined by Justice Breyer, would have resolved the statutory question in favor of a duress exception before remanding; and Justice Scalia, joined by Justice Alito, agreed with remand but would permit the agency to retain its existing rule if reasonably justified.

Holding

  • Whether prior precedent compelled the conclusion that coercion and duress are irrelevant under the persecutor bar.. The agency and the Court of Appeals misapplied prior precedent by treating it as controlling on whether motivation and intent are relevant to assistance in persecution. The prior decision addressed a materially different statutory scheme and did not compel the same interpretation of the persecutor bar at issue here.
  • Whether the Supreme Court should decide whether coerced assistance falls within the persecutor bar or remand that question to the agency.. The statutory question is ambiguous, and the agency must determine in the first instance whether coercion or duress is relevant to whether an alien assisted or participated in persecution. The agency must reconsider the issue free from the mistaken premise that prior precedent mandated an answer.

Docket 07-499

Cited authorities