Matter of Daniel Girmai Negusie (agency decision, October 18, 2018)

Plain-English summary

The Attorney General directed the Board of Immigration Appeals to refer the respondent's case for review of whether coercion and duress matter when applying the Immigration and Nationality Act's persecutor bar. The order invited briefing from the parties and interested amici and set word limits, deadlines, and filing instructions. The Board's decision was automatically stayed while the Attorney General's review was pending. This referral order did not decide the persecutor-bar issue or the respondent's underlying asylum and withholding claims.

Decision snapshot

• Cited authorities: 8 U.S.C. §§ 1101(a)(42), 1158(b)(2)(A)(i), and 1231(b)(3)(B)(i); 8 C.F.R. § 1003.1(h)(1)(i)
• Outcome: The case was referred to the Attorney General for review, briefing was ordered, and the underlying merits issues were left unresolved in this order.
• Key point: This order framed the coercion and duress question for Attorney General review without deciding whether the persecutor bar applied.

Full text (BIA official public release)

Cite as 27 I&N Dec. 481 (A.G. 2018) Interim Decision #3943

      Matter of Daniel Girmai NEGUSIE, Respondent
           Decided by Attorney General October 18, 2018

                     U.S. Department of Justice
                    Office of the Attorney General

             BEFORE THE ATTORNEY GENERAL

Pursuant to 8 C.F.R. § 1003.1(h)(1)(i) (2018), I direct the Board of Immigration Appeals (“Board”) to refer this case to me for review of its decision. The Board’s decision in this matter is automatically stayed pending my review. See Matter of Haddam, A.G. Order No. 2380-2001 (Jan. 19, 2001). To assist me in my review, I invite the parties to these proceedings and interested amici to submit briefs on: Whether coercion and duress are relevant to the application of the Immigration and Nationality Act’s persecutor bar. See 8 U.S.C. §§ 1101(a)(42), 1158(b)(2)(A)(i), 1231(b)(3)(B)(i) (2012). The parties’ briefs shall not exceed 15,000 words and shall be filed on or before November 8, 2018. Interested amici may submit briefs not exceeding 9,000 words on or before November 15, 2018. The parties may submit reply briefs not exceeding 6,000 words on or before November 15, 2018. All filings shall be accompanied by proof of service and shall be submitted electronically to [email protected], and in triplicate to:

                 United States Department of Justice
             Office of the Attorney General, Room 5114
                   950 Pennsylvania Avenue, NW
                        Washington, DC 20530

All briefs must be both submitted electronically and postmarked on or before the pertinent deadlines. Requests for extensions are disfavored.

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