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BAH v. MUKASEY

Docket Nos. 07-1715-ag, 07-1994-ag, 07-2120-ag.

529 F.3d 99 (2008)

Salimatou BAH, Petitioner, v. Michael B. MUKASEY, Attorney General, Respondent. Mariama Diallo, Petitioner, v. Department of Homeland Security, Respondent. Haby Diallo, Petitioner, v. Department of Homeland Security, Respondent.

United States Court of Appeals, Second Circuit.

Decided: June 11, 2008.

Attorney(s) appearing for the Case

Ronald S. Salomon, New York, NY, for Petitioner Salimatou Bah.

Theodore Vialet, New York, NY, for Petitioners Mariama Diallo and Haby Diallo.

Michael C. Heyse & Jessica E. Sherman, Trial Attorneys (Peter D. Keisler, Assistant Attorney General, Jeffrey S. Bucholtz & Gregory G. Katsas, Acting Assistant Attorneys General, Mary Jane Candaux & Michelle Latour, Assistant Directors, Joshua Braunstein, Cindy S. Ferrier, Lyle D. Jentzer, & Margaret Perry, Senior Litigation Counsel, Stacey I. Young, Trial Attorney, Ali Manuchehry, Law Clerk, on the briefs), Civil Division, Office of Immigration Litigation, U.S. Department of Justice, Washington, DC, for Respondents.

Ana C. Reyes (Robin E. Jacobsohn, on the brief, Christopher N. Manning, of counsel), Washington, DC, for Amicus Curiae Center for Gender and Refugee Studies.

Judges STRAUB and SOTOMAYOR also concur in separate opinions.

STRAUB, Circuit Judge:

Petitioners, three women from Guinea who underwent female genital mutilation in the past, petition for review of decisions of the Board of Immigration Appeals ("BIA") affirming, inter alia, the denial of their claims for withholding of removal and Convention Against Torture ("CAT") relief based on female genital mutilation. The agency held that because the genital mutilation had already occurred, the presumption that petitioners' lives...

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