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Scales Of Justice

MOTHER TRIES TO STOP GENITAL MUTILATION OF DAUGHTER

A mother facing deportation feared she would be beaten or killed for trying to stop her daughter from genital mutilation in Senegal. The United States Court of Appeals for the Eleventh Circuit directed the Board of Immigration Appeals to reconsider the mother’s application to stay in the United States.

 

Ndeye Ndicke Seck arrived in the United States in 2000 as a tourist.  She gave birth to her daughter during her stay.  She then returned to Senegal.  “In 2002, Ms. Seck lived in Dakar, Senegal’s capital and largest city, where she worked for an airline. She returned home from work one day and discovered that B.D.’s paternal aunt had taken B.D. without Ms. Seck’s permission. She immediately drove to the aunt’s house, which was approximately thirty or forty minutes away. The aunt and her family tried to convince Ms. Seck to let them keep B.D. for the weekend, but Ms. Seck refused. She feared that if she allowed B.D. to stay, they would subject her to FGM. B.D. was approaching the age at which girls in the tribe are subjected to FGM, and all of her female cousins had already undergone FGM. In addition, B.D.’s father’s family had begun to talk about and plan for performing FGM on her. Ms. Seck realized that B.D.’s father’s family or his tribe could take B.D. “at any time,” and that Ms. Seck “would be essentially powerless to stop them” from performing FGM on her daughter. A few months later, in July 2002, Ms. Seck and her daughter left Senegal and entered the United States. She subsequently had two sons in the United States by B.D.’s father. ”She works as a hairdresser in North Carolina. 

 

 

The Department of Homeland Security sought her removal in 2007.  Seck filed an application seeking asylum. An immigration judge determined that the daughter could avoid the risk of mutilation by remaining in the United States with her father or a guardian.  Seck claimed she did not know anyone in the U.S. that could become the child’s guardian, and that if the father could be located, he would likely return the daughter to Senegal for mutilation, which is common among his tribe.  According to the Statement Department there are two types of genital mutilation practiced in Senegal.  The first, commonly referred to as “excision,” is the removal of the clitoris together with part or all of the labia minora. The second commonly referred to as “infibulation,” is the removal of part or all of the external genitalia (clitoris, labia minora and labia majora) and stitching or narrowing of the vaginal opening, leaving a very small opening, about the size of a matchstick, to allow for the flow of urine and menstrual blood.

 

The full opinion can be found at: www.ca11.uscourts.gov/opinions/ops/200916384.pdf

 
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