Asylum Law and Female Genital Mutilation: Recent Developments

摘要

Female genital mutilation (FGM) is a term encompassing a wide range of procedures that involve the removal or alteration of a womans 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.