September 3, 2010
Leagle
Lead petitioner Fatoumata Kone ("Kone"), her husband Lasanna Diarra ("Lasanna"), and their oldest daughter Kamissa Diarra ("Kamissa") are natives and citizens of Mali. They entered the United States on August 18, 2001 and remained in the country after the expiration of their visas. Kone and Lasanna then had a second daughter, Mariam, who by virtue of her birth here is a United States citizen. In 2006, Kone, as lead petitioner for her family, filed for asylum, with-holding of removal, and protection under the Convention Against Torture on the basis that if made to return to Mali, Mariam would be forced to undergo female genital mutilation ("FGM"), a common practice in Mali to which both her mother and sister have already been subjected. An immigration judge denied the application, finding the asylum petition untimely and denying other relief on the grounds that Kone could not make a "derivative" claim based on a threat of persecution to her daughter. The Board of Immigration Appeals ("BIA") affirmed the denial of relief, and Kone petitioned this court for review. Because the BIA did not address Kone's claim that FGM of her daughter would constitute direct psychological persecution of her parents, we remand for further consideration.