[20080215]RS22810_庇护法和切割女性生殖器：最近的事态发展.pdf

1 See CRS Report RS21923, Female Genital Mutilation (FGM): Background Information andIssues for Congress, by Tiaji Salaam-Blyther, Erin D. Williams, and Ruth Ellen Wasem.Order Code RS22810February 15, 2008Asylum Law and Female Genital Mutilation:Recent DevelopmentsYule KimLegislative AttorneyAmerican Law DivisionSummaryFemale genital mutilation (FGM) is a term encompassing a wide range ofprocedures that involve the removal or alteration of a womans genitalia. The federalcourts and the Board of Immigration Appeals (BIA) have classified FGM as a form ofpersecution, 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 thefederal courts and the BIA over the treatment of applicants who have already beeninflicted with FGM. The federal courts that have addressed this issue currently treat apast infliction of FGM as a basis for a well-founded fear of persecution. The BIA, on theother hand, has rejected this position, arguing that FGM is a one-time procedure, andthat once inflicted, an applicant will not be persecuted with FGM again, and thus cannotact as a basis for an asylum application.Introducti