Negusie v. Holder

Summary

Justice Stevens concludes that the persecutor bar is a pure question of statutory construction for the courts, not the agency, and should not automatically disqualify an alien who acted involuntarily. He would decide the threshold legal question and remand for the agency to determine application. Justice Scalia concurred in judgment, agreeing on ambiguity but deferring to the agency; Justice Thomas dissented, arguing the statute requires no voluntariness exception.