Ct. of Appeals lacked jurisdiction to consider alien’s appeal of Bd.’s denial of her asylum application, where basis of denial was Bd.’s finding that said application was untimely as being filed more than one year after her arrival in U.S. and after her application for adjustment of status had been denied. IJ erred, though, in denying alien’s withholding of removal application based on her claim that her return to Botswana would subject her to female genital mutilation (FGM) since: (1) IJ credited alien’s claim that her family in Botswana had made two prior attempts to subject her to FGM; (2) IJ erred in placing too much emphasis on absence of background evidence confirming prior cases of FGM in Botswana at large; and (3) record was undeveloped with respect to alien’s ability to relocate to other areas of Botswana that would not place alien at risk of undergoing forced FGM.
Federal 7th Circuit Court
Civil Court
Immigration