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KANE v. HOLDER

No. 07-60757.

581 F.3d 231 (2009)

Abou KANE, Petitioner, v. Eric H. HOLDER, Jr., U.S. Attorney General, Respondent.

United States Court of Appeals, Fifth Circuit.

August 26, 2009.

Attorney(s) appearing for the Case

Alicia J. Triche, Herbert Todd Nesom, Nesom Law Office, Oakdale, LA, for Kane.

David J. Schor, Thomas Ward Hussey, Dir., Aviva Lea Poczter, Emily Anne Radford, Asst. Dir., U.S. Dept. of Justice, OIL, Washington, DC, Trey Lund, U.S. Imm. & Customs Enforcement, Field Office Dir., Attn: Carl Perry, New Orleans, LA, for Holder.

Before JONES, Chief Judge, and WIENER and BENAVIDES, Circuit Judges.

WIENER, Circuit Judge:

Petitioner Abou Kane, a native of Senegal unlawfully present in the United States, seeks review of an order of the Board of Immigration Appeals ("the BIA") reversing a decision of the immigration judge ("the IJ") that had granted Kane's application for withholding of removal. The BIA rejected Kane's derivative claims grounded in allegations that his minor U.S. citizen-daughters would be subjected to female genital mutilation ("FGM") when they...

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