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. Cardoza Fonseca, U. She opined that FGM “is something laid down for girls. Nkumssa tradition requires that the girl or woman next in line for the Queen Mother position must remain a virgin until she is “enstooled. Abankwah fled her village to escape FGM. Given the customs of the Nkumssa tribe, a reasonable person who knew that she had disobeyed a tribal taboo and knew that discovery by the tribe of her disobedience was imminent would share Abankwah’s fears.
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In response to counsel for the INS’ comment that d3 of the background information in the record indicated that FGM was used as a punishment, Otumfuor explained that “Ghana is a country of many ethnic groups. An applicant’s failure to demonstrate eligibility for asylum automatically leads to a denial of withholding of deportation. With the help of friends, Abankwah purchased a falsified Ghanaian passport and United States visa, bought a plane ticket, and fled to the United States.
There fauzia some up in the limelight, and some are still in nme distant. At this point, Abankwah determined that it was unsafe for her to remain in Ghana. The statute went into na,e in April, The BIA found that Abankwah failed to present sufficient evidence to support her claim that she will be punished by FGM for having engaged in premarital sex.
When Abankwah learned that she would be the next Queen Mother, she knew that her lack of virginity would be discovered and that FGM would be the consequence. Although the government of Ghana clearly recognizes that the practice of FGM exists and criminalized it inthe number of prosecutions has been insignificant. 3 practice of FGM has also been criminalized under federal law.
In fact, Abankwah did explain that her grandmother told her that according to custom, she would be the next Queen Mother and that she must not disobey tribal taboos.
See In re Y-B- Int. The record indicates that there have been only seven arrests for this crime since Abankwah sought asylum in the United States and withholding of deportation on the grounds that should she return to Ghana, she would be forced to undergo FGM as a consequence of having engaged in premarital sex.
The Honorable Robert W. After approximately five weeks of working in Accra, Abankwah’s fauzuya accused her of stealing money from them and reported her whereabouts to the Nkumssa tribe. As a girl, Abankwah believed in Kwasi Nkumssa and accepted all the associated tribal rituals and traditions.
By contrast, the grant of withholding of deportation under Section h 1 of the Act is mandatory if an applicant establishes that there is a clear probability that her “life or freedom would be threatened in [a] country on account of” a protected ground. Abankwah fahziya that she did not know that the government had outlawed FGM since “people are still practicing it.
Abankwah was apprehended at John F. The BIA was too exacting both in the quantity and quality of evidence fauziga it required.
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We speak 10 languages and 40 dialects, and every village has a little practice. Abankwah has been imprisoned for the duration of these proceedings at the Wackenhut Detention Facility where she remains to this anme. Abankwah testified that her mother had held the position of Queen Mother within the Nkumssa tribe.
Fauziyya, in order to prevent promiscuity, the loss of normal sexual response is often the purpose of FGM. The substantial evidence test accords “substantial deference” to the BIA’s findings of fact. FGM can result in the permanent loss of genital sensation in the victim and the consequent elimination of sexual pleasure.
However, these “shifting bases” are in fact different aspects of the same claim, based on the same facts.
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Abankwah also sought withholding of deportation under Section h 1 of the Act. The congressional findings note the “physical and psychological health effects that harm the women involved. She opined that FGM “is something laid down for girls.
That Abankwah also testified that she feared that her tribe might kill her as a punishment for engaging in premarital sex does not weaken her claim for asylum. Thus, there are no credibility issues before us. 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. Nkumssa tradition requires that the girl or woman next in line for the Queen Mother position must remain a virgin until she is “enstooled.