Abankwah v. INS

185 F.3d 18 (1999)

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Abankwah v. INS

United States Court of Appeals for the Second Circuit
185 F.3d 18 (1999)

Facts

Adelaide Abankwah (plaintiff) was a native of Ghana who sought asylum in the United States for fear that she would have to undergo female genital mutilation, per the alleged custom of the Nkumssa tribe Abankwah belonged to, as a punishment for having premarital sex. Therefore, Abankwah brought a case against the Immigration Naturalization Service (INS) (defendant), requesting asylum and that INS withhold deportation. The immigration judge denied Abankwah’s request on the grounds that her subjective fear of being mutilated if Abankwah returned to Ghana was not objectively reasonable. Abankwah appealed to the Board of Immigration Appeals, which concluded that Abankwah failed to meet her burden of proof to support Abankwah’s claims of past persecution. Abankwah appealed to the Second Circuit.

Rule of Law

Issue

Holding and Reasoning (Sweet, J.)

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