Thereafter, Abankwah disavowed Kwasi Nkumssa and decided not to adhere to the tribe’s proscriptions. Abankwah testified that her mother died in July , and that, as the eldest daughter, she was to become the next Queen Mother. As an initial matter, INS regulations do not require that credible testimony — that which is consistent and specific — be corroborated by objective evidence. Rather, the BIA held that Abankwah had failed to meet her burden of proof in establishing past persecution, and that the “evidence is insufficient to support her claims of persecution based upon her membership in a social group, specifically ‘women of the Nkumssa tribe who did not remain virgins until marriage. The former may be based on the applicant’s reaction to events that impinge on him personally; but to make it a well founded fear, there must be other proof or objective facts that lend support to the applicant’s subjective fear. Abankwah’s fear of FGM is thus sufficiently “grounded in reality” to satisfy the objective element of the test for well founded fear of persecution. These materials include a publication by Rainbo, a health and human rights organization for women, providing factual information on the practice of FGM; two studies analyzing the practice of FGM in Ghana; the Department of State’s profile of asylum claims for Ghana, dated August ; and a February Department of State Report on the practice of FGM.
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See Kasinga, WL According to tribal legend, if the woman has disobeyed tribal taboos including the one against engaging in premarital sex she will be unable to hold the water in her hands, and it will spill onto the ground. Under Section b 1 of the Act, 8 U.
As to Abankwah’s fear that she would be forced to undergo FGM as a punishment for her lack of virginity, the BIA’s opinion acknowledged that the IJ found Abankwah to be credible, and left that finding undisturbed.
It exempts certain medical procedures “necessary” to the health of a person when performed by a medical practitioner, but specifically notes that no account may be taken of a cultural belief that the practice is necessary. Unlike the IJ, the BIA did not dispute that Abankwah’s fear of genital mutilation was on account of her membership in a cognizable social group.
Error: Chief Electral Officer , Delhi
A reading of Abankwah’s testimony in its entirety, combined with her affidavit, reveals that Abankwah’s fear that she will be mutilated is based on her knowledge of and experience with the customs of her tribe.
The subjective component may be satisfied by the applicant’s credible testimony that she fears persecution. Substantial evidence means “more than a mere scintilla. Such specificity of knowledge, however, is 3e required.
These materials include a publication by Rainbo, a health and human rights organization for fuaziya, providing factual information on the practice of FGM; two studies analyzing the practice of FGM in Ghana; the Department of State’s profile of asylum claims for Ghana, dated August ; and a February Department of State Report on the practice of FGM. The applicant must prove both that the fear is “well founded” and that persecution in her native country would be based on one of these five grounds.
Thereafter, Abankwah disavowed Kwasi Nkumssa and decided not to adhere to the tribe’s proscriptions. At this point, Abankwah determined that it was unsafe for her to remain in Ghana. While she was at school, Abankwah fell in love with a man from her tribe and commenced a sexual relationship with him.
There is, however, no such requirement. Elias Zacarias, U. In Septemberas part of the Illegal Immigration Reform and Immigrant Responsibility Act ofCongress determined that whoever “knowingly circumcises, excises, or infibulates the whole or any part of the labia majora or labia minora or clitoris of another person who has not attained 18 years” shall be fined or imprisoned.
Further, Abankwah stated in her affidavit that in her tribe sex before marriage is “condemned,” fauziyaa that she personally knew three women who were mutilated for having engaged in premarital sex. The Board of Immigration Appeals “BIA” concluded that Abankwah failed to demonstrate an objectively reasonable fear that her tribe will subject her to FGM, and, consequently, to establish her eligibility for asylum.
While the BIA did characterize Abankwah’s claim that she would be killed because she fled from her village to avoid becoming Queen Mother as “incredible,” this is a rejection of merely one aspect of Abankwah’s asylum claim. The Queen Mother performs a variety of duties, both practical and ceremonial, naje is the highest position a Nkumssa woman may hold.
Having established that Abankwah is credible, we accept as fact her assertion that Nkumssa custom includes FGM as a punishment for premarital sex. Thus, vauziya standard governing entitlement to withholding of deportation is more stringent than that governing the discretionary grant of asylum.
Cardoza Fonseca, U. She believed that members of her tribe would continue fauziys search for her since she had “sinned against their God. See In re Y-B- Int. We speak 10 languages and 40 dialects, and every village has a little practice.
The BIA discounted the declaration of Kwabena Otumfuor as fakziya based on personal knowledge,” “incomplete,” and because it did not establish that the declarant “is an expert in the traditions of the applicant’s tribe. Abankwah testified that her mother died in Julyand that, as the eldest daughter, she was to become the next Queen Mother. In this case, Abankwah has presented, through her affidavit and her own plausible, hame, and internally consistent testimony, combined with evidence of the pervasiveness of FGM in Ghana and the testimony and affidavit of Victoria Otumfuor, strong evidence to demonstrate that her fear of FGM is objectively reasonable.
The former may be based on the applicant’s reaction to events that impinge on him personally; but to make it a well founded fear, there must be other proof or objective facts that faauziya support to the applicant’s subjective fear.
Abankwah entered the United States illegally on March 29, He determined that Abankwah was a credible witness, that she was clearly very fearful of returning to Ghana, and that Abankwah could not escape her tribe within Ghana because tribal members could eventually find her as they did in Accra.
Nkumssa tradition requires that the girl or woman next in line for the Queen Mother position must remain a virgin until she is “enstooled. Rather, the BIA adopted the finding of the IJ that Abankwah was credible and that she had established a subjective fear of persecution. Abankwah’s position is particularly compelling in light of the general conditions present in Ghana.