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1 (February 15, 2008)

handle is hein.crs/crsuntaahhr0001 and id is 1 raw text is: Order Code RS2281 0 February 15, 2008 CRS Report for Congress Asylum Law and Female Genital Mutilation: Recent Developments Yule Kim Legislative Attorney American Law Division 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. Introduction Female genital mutilation (FGM) is a term encompassing a wide range of surgical procedures that involve the removal or alteration of a woman's genitalia.' Currently, a well-founded fear of FGM can act as a basis for a successful asylum claim. Recent developments in asylum law, however, have resulted in a split between the Board of Immigration Appeals (BIA) and several federal circuits over whether a prior infliction of FGM may qualify a woman for asylum. Prior Case Law The Prima Facie Case For Asylum. Asylum is a form of relief that the Secretary of Homeland Security or the Attorney General may grant in his or her discretion 1 See CRS Report RS21923, Female Genital Mutilation (FGM): Background Information and Issuesfor Congress, by Tiaji Salaam-Blyther, Erin D. Williams, and Ruth Ellen Wasem. Congressional Research Service i The Library of Congress Prepared for Members and Committees of Congress

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