Nwaokolo v. Immigration and Naturalization Serv.

314 F.3d 303 (7th Cir. 2002) ; Clearinghouse Number: 55125

Description

Seventh Circuit Grants Stay of Removal Pending Review Based on Threat of Genital Mutilation to Petitioner’s Daughter

Abstract

The Seventh Circuit found merit in petitioner’s claim that the Immigration and Naturalization Service (INS) wrongfully failed to consider that petitioner’s four-year-old U.S. citizen daughter would be subject to genital mutilation if she accompanied her mother to Nigeria. Petitioner first entered the United States on an F-2 visa but was ordered deported after accepting employment in violation of visa terms. Petitioner did not depart. In a third motion to reopen her case petitioner sought protection under the Convention Against Torture; petitioner claimed that she and her then 13-year-old U.S. citizen daughter would be subject to genital mutilation if she were deported. INS denied the third motion on the ground that petitioner offered no evidence that she would be tortured. In a fourth motion to reopen, petitioner reasserted her claim under the convention but added, as changed circumstances, the threat to her second daughter, not yet born at the time of the third petition, and new protections and remedies under the convention. Without discussing the second daughter, the Bureau of Immigration Appeals denied the motion. Petitioner appealed. The Seventh Circuit, finding that petitioner demonstrated a likelihood of success on her claim of INS abusing its discretion in denying the motion to reopen, said that INS failed to consider State Department reports on female genital mutilation in Nigeria and erroneously equated the threats to the first and second daughters, despite INS recognition of the serious threat of genital mutilation in In re Kasinga, 21 I. & N. Dec. 357, 361–62 (BIA 1996). The Seventh Circuit stayed the removal proceeding pending review.

Additional Information

Attorney Information
Docket Date
2002-12-27 00:00:00+00:00

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