Dieng v. Holder, No. 10-3497 (6th Cir. 2012)Annotate this Case
Lo, a citizen of Senegal, entered the U.S. in 1997 with a non-immigrant student visa, and reunited with Dieng. Dieng had used a false passport to enter the U.S. in 2003. They married in 2005 and their daughter was born in 2006. Dieng has another daughter who remained in Gambia. The couple submitted affirmative asylum applications in 2007. USCIS denied the application and initiated removals. Dieng alleged persecution based on her race, religion, and membership in a particular social group (Fulani ethnic group), stemming from past unsuccessful attempts by relatives to circumcise her, and her fear that, if removed to Senegal, she and her daughters would be at risk of being subjected to genital mutilation. Despite acknowledgment that his people do not practice circumcision, Lo thought that their daughter was at risk at any location in Senegal. The IJ rejected the claims. The BIA and Sixth Circuit dismissed an appeal. Substantial evidence supported a finding that Dieng does not harbor a well-founded fear of persecution for herself or her daughters.