Asylum Law and Female Genital Mutilation: Recent Developments (CRS Report for Congress)
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| Release Date |
Revised March 11, 2008 |
| Report Number |
RS22810 |
| Report Type |
Report |
| Authors |
Yule Kim, American Law Division |
| Source Agency |
Congressional Research Service |
| Older Revisions |
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Summary:
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.
