Tuesday, September 23, 2008

AG Reverses BIA in FGM Case

The Attorney General vacated the decision of the Board of Immigration Appeals and remanded the record for reconsideration of questions relating to the respondent’s eligibility for withholding of removal pursuant based on her claim that she has been subjected to female genital mutilation. Matter of A-T-, Interim Decision #3622, 24 I&N Dec. 617 (A.G. 2008), Sept. 22, 2008.   The Board had denied A-T- relief on the ground that, because she had already suffered female genital mutilation, she did not have a well-founded fear of future persecution.

For a sampling of news stories on the case, click here and here.

The Attorney General rarely intervenes in a BIA case and this ruling is welcomed by many.  Still, I am left to wonder whether the generosity in this case has anything to do with the fact that it is an election year.



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It's a pretty good decision, I think- carefully written and well argued. I'm especially glad to see the discussion of how fear of persecution on the basis of a protected ground is related to fear of a particular harm and think the AG got that pretty much right here. Hopefully this, and the results on remand, will help make some good law here.

Posted by: Matt Lister | Sep 23, 2008 11:54:40 AM

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