Dieng v. Barr, No. 19-3010 (6th Cir. 2020)Annotate this Case
Lo and Dieng are citizens of Senegal. Lo entered the U.S. in 1997 on a student visa but did not attend the university. Dieng used a false passport to join him in 2003. Their daughter was born in 2006. In 2007, Dieng applied for asylum, withholding of removal, and protection under the Convention Against Torture, asserting that her relatives had attempted to subject her to female genital mutilation (FGM) and that, if removed, she and her daughter would be subjected to FGM. Dieng later conceded that, at her age, she was no longer at risk, and that their daughter could stay in the U.S. with relatives. The IJ denied relief. The BIA affirmed, noting that the couple could relocate within Senegal to an area where FGM is not practiced. After their second daughter was born, DHS took action to enforce the removal order. The couple sought to reopen their case, alleging changed conditions. They submitted documents indicating that their relatives intended to perform FGM on Dieng and the girls. The BIA dismissed the petition as untimely, finding the proferred evidence speculative and self-serving and noting that the girls, U.S. citizens, were not subject to removal. The Sixth Circuit denied a petition for review. Even if the evidence were credible, the couple did not establish a well-founded fear of prosecution. The BIA did not abuse its discretion in finding that the family could reasonably relocate to avoid FGM.