Immigration – Application for Asylum

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7^th Circuit Court of Appeals

Case Name: Bathusi Musa v. Loretta E. Lynch

Case No.: 15-2046

Officials: BAUER, POSNER, and HAMILTON, Circuit Judges.

Focus: Immigration – Application for Asylum

Foreign national request for asylum not granted where fear of facing genital mutilation upon return to native Botswana

“Although we vacate and remand the decision regarding withholding of removal, we agree with the Board that Musa is not entitled to relief under the Convention Against Torture. The implementing regulations define torture as “severe pain or suffering … inflicted by or at the instigation of or with the consent or acquiescence of a public official.” 8C.F.R. §208.18. Female genital mutilation is torture, of course. But the judge did not err by finding that Musa failed to show that torture is likely to be carried out by or with the acquiescence of the government in Botswana. See Khan v. Holder, 766 F.3d 689, 698 (7th Cir. 2014); Ishitiaq v. Holder, 578 F.3d 712, 718 n.3 (7th Cir. 2009); 8 C.F.R. §§ 1208.16(c)(2), 1208.18(a)(1). The judge justifiably discounted Selawe’s testimony and was unswayed by Musa’s, and Musa has not pointed to evidence in the record to substantiate her testimony that the government would have permitted her family to subject her to FGM even if she had reported their attempts in 2002 and 2003.”

Petition for Asylum Dismissed

Petition for protection under Convention Against Torture Denied

Petition for Withholding of Removal Granted

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.