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In re Negusie

27 I. & N. Dec. 347 (2018)

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In re Negusie

Board of Immigration Appeals
27 I. & N. Dec. 347 (2018)

Facts

Negusie (plaintiff) was a citizen of Ethiopia and Eritrea. Negusie testified that he was forced to join the Eritrean military but that he refused to fight against fellow Ethiopians. For this refusal, Negusie was incarcerated for two years. Once released from prison, Negusie was forced to serve as a guard at a prison camp operated by the Eritrean military. Negusie guarded prisoners who were not allowed to shower or get fresh air, and who were sometimes placed in the hot sun as a form of punishment. Negusie identified two occasions on which he disobeyed orders so that he could assist prisoners. Negusie was reprimanded for doing so. Negusie escaped to the United States as a stowaway aboard a boat. Negusie’s application for asylum and withholding of removal was denied, but his request for deferral of removal was granted. The Board of Immigration Appeals denied appeals from both Negusie and the Department of Homeland Security (DHS) (defendant). The case was reviewed by the United States Supreme Court and remanded back to the Board of Immigration Appeals.

Rule of Law

Issue

Holding and Reasoning (Grant, J.)

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Immigration Law

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