Seventh Circuit on Female Genital Mutilation in Nigeria

In Oyekunle v. Gonzales, (7th Cir. Aug. 22, 2007), the U.S. Court of Appeals, in an opinion by Judge Richard Posner, addressed a case in which a Nigerian woman sought asylum based on feared FGM upon the birth of her first son:  “The Board’s decision fails to build a bridge between the evidence and the conclusion that the petitioner lacks a well-founded fear of persecution if she is returned to Nigeria. All the evidence to which the Board referred either supports or is consistent with her having such a fear. The petition for review is therefore granted, the Board’s order vacated, and the matter returned to the Board for further proceedings consistent with this opinion.” Oyekunle v. Gonzales, Aug. 22, 2007. “The Board’s decision fails to build a bridge between the evidence and the conclusion that the petitioner lacks a well-founded fear of persecution if she is returned to Nigeria. All the evidence to which the Board referred either supports or is consistent with her having such a fear. The petition for review is therefore granted, the Board’s order vacated, and the matter returned to the Board for further proceedings consistent with this opinion.”  Care of www.bibdaily.com

This is part of a growing body of FGM asylum law based on Matter of Kasinga (BIA 1996).

KJ