AG Barr issues Matter of Negusie, ruling there is no duress exception to "persecutor bar" for asylum and withholding of removal

Not in effect

October 12, 2021 Action: Delayed 2021.10.12 Matter of Negusie AG referral

October 12, 2021

Status: Final/Actual

Trump Administration Action: Adjudication

Subject Matter: Asylum, Withholding and CAT

Agencies Affected: AG EOIR ICE USCIS

Pre Trump-Era Policies

March 3, 2009
In 2009, the U.S. Supreme Court overturned the BIA’s decision in Negusie's initial appeal based upon a legal error. The Supreme Court stopped short of holding that there is a duress exception to the persecutor bar and sent the case back to the BIA to answer that question unencumbered by the Board’s previous legal error.
Negusie v. Holder Supreme Court Opinion
October 1, 2016
In 2016, DHS and DOJ issued an NPRM to explore a limited exception for actions taken by the applicant under duress and clarify the required levels of the applicant's knowledge of the persecution, but the rule was never issued because DHS and DOJ could not reach an agreement.
Exception to the Persecution Bar for Asylum
June 28, 2018
In 2018, the BIA held that a limited duress exception does exist to the persecutor bar, articulating standards for how an applicant for asylum or withholding of removal could claim duress or coercion to overcome automatic ineligibility based upon "persecution of others." To qualify for the duress exception, applicants must demonstrate that they acted under an imminent threat of death, that they had no reasonable opportunity to escape, and that they knew that the harm they inflicted was not greater than the threatened harm to self or others.
Matter of Negusie