Congressional Digest

Supreme Court Debates March 2009 No. 3 Vol. 12
Lower Court Holding

Asylum in America

The Case of the Eritrean Prison Guard

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Lower Court Holding

Decision of the Fifth Circuit U.S. Court of Appeals

Eritrean citizen Daniel Girmai Negusie petitions for review of the decision of the Board of Immigration Appeals (BIA) denying his application for asylum and withholding of removal.             Negusie contends that the BIA erroneouslydetermined that he assisted in the persecution of others onthe basis of a protected ground, rendering him ineligible forasylum or withholding of removal, pursuant to 8 U.S. Code Section1158(b)(2)(A)(i) and 8 U.S. Code Section 1231(b)(3)(B)(i). Negusie argues boththat he did not assist in persecution when he worked as a guardin a military prison and that the record did not indicate that hewas involved in any persecution of…

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