Bah v. Mukasey

Petitioners, three women from Guinea who underwent female genital mutilation in the past, petition for review of decisions of the Board of Immigration Appeals ("BIA") affirming, inter alia, the denial of their claims for withholding of removal and Convention Against Torture ("CAT") relief based on female genital mutilation. The agency held that because the genital mutilation had already occurred, the presumption that petitioners lives or freedom would be threatened in the future was automatically rebutted by the fact that it had occurred. See 8 C.F.R. § 1208.16(b)(1)(i)(A).