052084P.pdf   05/07/2007  Hafza H. Hassan  v.  Alberto Gonzales
   U.S. Court of Appeals Case No:  05-2084
   Immigration & Naturalization Service   
   [PUBLISHED] [Smith, Author, with Wollman, Smith and Benton,
   Circuit Judges]
   Petition for Review - immigration. Petition for review of denial of
   asylum claim by Somalian citizen is granted. Alien did not waive her
   asylum claim when she departed in compliance with IJ and BIA order and
   her pursuit of legal remedies while in Canada does not frustrate execution
   of judgment. Female genital mutilation rises to level of persecution and
   was performed on account of her gender and thus satisfied burden of
   showing past persecution. BIA failed to shift burden of proof to
   government to show change of conditions as to fear of future persecution. 
   Government must show alien no longer has well-founded fear of
   infliction or threat of death, torture or injury to her person or freedom, 
   not just repeat FGM. Derivative asylum claim of alien's daughters is also
   remanded.