ABSTRACT

Asylum Law and Female Genital Mutilation: Recent Developments [February 15, 2008]   [open pdf - 64KB]

From the Document: "Female genital mutilation (FGM) is a term encompassing a wide range of procedures that involve the removal or alteration of a woman's genitalia. The federal courts and the Board of Immigration Appeals (BIA) have classified FGM as a form of persecution, a showing of which can act as a basis for a successful asylum claim. However, recent developments in this area of law have created a split between the federal courts and the BIA over the treatment of applicants who have already been inflicted with FGM. The federal courts that have addressed this issue currently treat a past infliction of FGM as a basis for a well-founded fear of persecution. The BIA, on the other hand, has rejected this position, arguing that FGM is a one-time procedure, and that once inflicted, an applicant will not be persecuted with FGM again, and thus cannot act as a basis for an asylum application."

Report Number:
CRS Report for Congress, RS22810
Author:
Publisher:
Date:
2008-02-15
Copyright:
Public Domain
Retrieved From:
Via E-mail
Format:
pdf
Media Type:
application/pdf
URL:
Help with citations