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Kane v. Holder

There is no derivative withholding claim based on the possibility that the alien's daughters might be subjected to female genital mutilation following the alien's removal. 5th U.S. Circuit Court of Appeals, No. 07-60757, 08-26-2009.

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Petition for Review of an Order of the Board of Immigration Appeals

Before JONES, Chief Judge, and WIENER and BENAVIDES, Circuit Judges.

Petitioner Abou Kane, a native of Senegal unlawfully present in the United States, seeks review of an order of the Board of Immigration Appeals (“the BIA”) reversing a decision of the immigration judge (“the IJ”) that had granted Kane’s application for withholding of removal. The BIA rejected Kane’s derivative claims grounded in allegations that his minor U.S. citizen-daughters would be subjected to female genital mutilation (“FGM”) when they accompany him and his wife to Senegal. Agreeing with the BIA that, under the current state of the law, Kane’s derivative claim for withholding of removal is not cognizable and that we lack jurisdiction to consider his asylum claim, we deny review.

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