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Court to Hear Genital Mutilation Asylum Case

2ndcircuit.jpgThough a long-time custom in West African countries, a federal appeals court in NYC will rule whether genital mutilation is grounds for granting women asylum in the United States. According to the NY Sun, three women will be serving as a test case regarding whether the cultural custom--and their opposition to such a practice--is sufficient grounds for asylum in front of the 2nd Circuit Court of Appeals in Manhattan.

Mutilation is a loaded term: Proponents of what is known as the clitorectomy claim that it promotes virtue in females by removing the possibility of sexual satisfaction. The procedure itself is rather brutal and often done without anesthetics. However, one of the woman fighting deportation, Salimatou Bah, says after undergoing the procedure at age 11, she suffered "medical and sexual complications."

Attorneys for the U.S. don't think women who have already been subjected to female genital mutilation have a claim for asylum, since the procedure "cannot be repeated in the future." The three women are also arguing they will be persecuted for their opposing political beliefs (Bah was previously jailed--and raped by guards--for her political beliefs).

Federal courts and the Board of Immigration Appeals have recently also been butting heads over the matter--the courts view it as a bellwether for future persecution, while the BIA views it as a one-time event that prevents further violations.

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Comments [rss]

  • ANGRYGOD11

    Tie US aid to the cost of a counties refugees in the US IF the other country is responsible for the refugee problem in the first place(Not all countries are in control of what disasters are taking place within their borders).

    Your mess, our problem and less money for you.

  • rasputinsghost



    Ah, multiculturalism.

  • bitternative

    America was founded by immigrants. Consistent with its original mission, America receives waves of immigrants that invest, build, and contribute to its ideals. People toil and struggle and as a result, they reap rewards here. That is what America has meant to the world for over two centuries. If our country is too full, let the first to go be the individuals who don't know what it means to toil and struggle and succeed - the ones who are here merely because they ride on their ancestor's labors. Force them to either prove their worth or else send them off to the third world so that they can learn struggle and how to attain freedom on their own. The America of the original thirteen colonies was never about tenure - if that were the case we would have lost to the natives hands down, and we would still be renting land from them.

  • sonyactivision

    All you need is a clipped clit to get into the U.S.? Something tells me genital mutilation is going to get suddenly popular down in Mexico.

  • Snoopy

    When other countries start respecting what this country has given to the less fortunate in this world for over a century then I will reopen the doors to the poor suffering fucks in this world. Until then I think the opened spigot of immigration to this country should be turned back a notch or two.



    As some of you might think we should be the police of the world I say go out there and do it yourself. I wouldn't give a rat's ass if the middle east/ africa / and the far east just sucked sand, starved and ate oil for about two years.



    Some might say."Oh the poor innocent people will drop dead from want of food." Good! Maybe they will stop praying to some voodoo god and start looking at reality and respect what our country has tried to do for them for so many years.

  • tsol

    OF COURSE they should come to NYC- this city is #1 when it comes to mutilating boy's genitals! Some people even throw parties for the event!

  • bitternative

    Now why should the US be a repository for the small-minded? In very basic terms, USA is the land of the free and the home of the brave -- like the brave women who have freed themselves from societies that practice fgm, and seek asylum here to live among people of like minds and beliefs. If those women are brave enough to escape that, imagine what their strength, determination, and insight could offer this country. Whereas if Snoopy had been born into that, I'm guessing he or she would probably still be sitting there, mutilated, dejected, too scared to seek freedom, and too small-minded to change the status quo. And that is so not American.

  • TimSPC

    It's pretty damn simple. Let them in.

  • cucarachita

    I really have trouble understanding the lack of compassion some of the above commenters feel for these women. Do they have mothers, sisters, daughters? Is genital mutilation a joke to them?



    And as for this country having enough people in it, every country in the world thinks the same of themselves. The world is overpopulated, and you're stuck with it. In case you haven't noticed, plenty of Americans are living and working illegally in Europe. I happened to be one of them for eleven years. Plenty of Canadians are doing it too. There is no room left in the world for people to say, "My country is full up."



    People need to work and live, and they will go wherever they have to to do so, and deal with the consequences later. That's simply human. Object to the people who deliberately do you harm, or to the felons who cross our borders. Not to hardworking people who trim your yards, wipe your babies' and grandparents' asses, and mop your vomit off your floors cheaply for you.

  • cucarachita

    How about their eventual daughters? Since these women will eventually have children if sent back to their countries, they have reasonable fear that their own flesh and blood WILL incur a repeat of this mutilation. How about that for a repeat. Children are considered flesh and blood by most countries considering themselves to be civilized, like ours.

  • fakenewyorker

    nor does the word cunt, so get the fuck out of this country snoopy

  • Colochita

    "Mutilation is a loaded term: Proponents of what is known as the clitorectomy claim that it promotes virtue in females by removing the possibility of sexual satisfaction."



    LOL... only a man would attempt to suggest that "removing the possibility of sexual satisfaction" might not quite qualify as mutilation.



    Anyway, there are several different degrees of FGM, with removal of the clitoris being the mildest (relatively speaking).

  • Snoopy

    Dave. No where on the statue of liberty tablet does the word vagina appear.

  • Dave Hogarty

    The lady in the harbor probably weeps for your lack of humanity.

  • Snoopy

    WHOA WHOA WHOA Why the fuck does the US of A have to be the repository for every other shit ass country's asylum individuals?



    Let them go to country's that really don't care if we have to support more worthless pieces of shit. Let them move to China or some other country that would probably incinerate them on arrival. We do not need more people to populate our country. We have enough trailer trash already to fill up the useless roll.



  • JenChungsBaby

    Dave, that's why I said "potential" mutilation.

  • fakenewyorker

    It's already in the 9th circuit caselaw that fgm is grounds for asylum. Good luck to these women.

  • Dave Hogarty

    I think the BIA's legal argument is that they've already 'gouged out one's eyes,' so no worries in sending you back. 'What could they do? Gouge out your eyes again?'

  • JenChungsBaby

    How on earth could potential mutilation of your genitals NOT be grounds for asylum? If your home country said they were going to gouge out your eyes then you wouldn't get sent back, right?

  • Snoopy

    How about tyeing there tubes? That sounds fair for me if they want public housing benefits.

  • sonyactivision

    Please. Around here, genital mutilation is just foreplay.

  • famdoc

    Victims of genital mutilation have been successfully fought for asylum in this country. The Human Rights Clinic of Doctors of the World has assisted attorneys and their clients in this regard: http://www.dowusa.org/where-we-work/us

  • Politburo

    Another example of "balance" in the media..



    Mutilation is not a loaded term. It is an accurate description of the procedure. Just because some people do not agree does not change the objective facts.

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