Comment Of Sen. Patrick Leahy (D-Vt.),
Chairman, Senate Judiciary Committee,
On
Attorney General Mukasey’s Decision
To Reverse Board Of Immigration Appeals Decision In FGM Case
September 22, 2008
Attorney General
Michael Mukasey today vacated and remanded a decision by the Board
of Immigration Appeals’ that ruled that while the threat of female
genital mutilation (FGM) is grounds for asylum, those who have
already fallen victim to FGM cannot demonstrate a fear of future
persecution. Senate Judiciary Committee Chairman Patrick Leahy
(D-Vt.) has long decried the practice, and the subject has been a
topic of hearings before the Judiciary Subcommittee on Human Rights
and the Law, a new subcommittee established by Leahy in this
Congress. In June, the Second Circuit U.S. Court of Appeals
overturned a separate ruling by the Board of Immigration Appeals
that denied asylum to three women from Guinea, who had applied for
asylum in the United States after becoming victims of FGM.
Leahy’s comment on the Attorney General’s reversal of the Board of
Immigration Appeals decision in the
Matter of A-T follows.
“I am glad Attorney
General Mukasey heeded the advice I offered him during the Judiciary
Committee’s Department of Justice oversight hearing in July, and has
used his authority to reverse and remand the Board of Immigration
Appeals’ decision in the Matter of A-T. Female genital
mutilation is a barbaric practice that is widely regarded as a human
rights abuse. I hope the Board of Immigration Appeals will
carefully reconsider its prior decision in this case and reject its
own prior reasoning. That reasoning ignored the long-lasting
implications this practice can have on those who suffer it and who
face life in a society that condones it. I believe all
Americans can understand why someone victimized by this practice
would fear returning to a society where it was allowed to happen.
It is not enough to say that this practice is cruel; our policies
must reflect these principles as well.”
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