Kourouma v. Holder

PUBLISHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

FATOUMATA KOUROUMA, 
Petitioner,
v.
 No. 08-1864
ERIC H. HOLDER, JR., Attorney
General,
Respondent.

On Petition for Review of an Order of
the Board of Immigration Appeals.

Argued: September 22, 2009

Decided: November 24, 2009

Before TRAXLER, Chief Judge, and GREGORY and
SHEDD, Circuit Judges.

Petition for review granted and remand awarded by published
opinion. Judge Gregory wrote the opinion, in which Chief
Judge Traxler and Judge Shedd joined.

COUNSEL

ARGUED: Kamal M. Nawash, THE NAWASH LAW
OFFICE, Washington, D.C., for Petitioner. Theodore Charles
Hirt, UNITED STATES DEPARTMENT OF JUSTICE,
Office of Immigration Litigation, Washington, D.C., for
2 KOUROUMA v. HOLDER
Respondent. ON BRIEF: Gregory G. Katsas, Assistant Attor-
ney General, Civil Division, Linda S. Wernery, Assistant
Director, UNITED STATES DEPARTMENT OF JUSTICE,
Office of Immigration Litigation, Washington, D.C., for
Respondent.

OPINION

GREGORY, Circuit Judge:

I.

Fatoumata Kourouma, a citizen of Guinea, appeals the
denial of her application for asylum, withholding of removal,
and protection under the Convention Against Torture by the
Board of Immigration Appeals ("BIA"). We hold that the
BIA’s decision denying Kourouma’s asylum application on
the basis of an adverse credibility finding was not supported
by substantial evidence, and that Kourouma has established
past persecution in the form of female genital mutilation.

II.

Fatoumata Kourouma is a native and citizen of Guinea who
entered the United States on July 7, 2001. At the time of her
removal hearing, Kourouma was twenty-six years old. She is
of the Malinke Mandingo tribe from the town of Yomou,
Guinea. Kourouma attended both primary and secondary
school in Yomou and her entire family continues to reside
there. At the time of her hearing, Kourouma stated she was
working in the United States at a nursing home.

Kourouma testified she decided to come to the United
States because, after her marriage to a man her father had
given her to, her husband threatened to have her circumcised
anew because she had only been partially circumcised before.
 KOUROUMA v. HOLDER 3
Kourouma testified that she was circumcised partially, mean-
ing that she had not undergone infibulation, at age seven in
1987.1 She has only a vague recollection of the procedure
where she was taken with a group of girls of similar age to
have the circumcision done. She testified that she has some
lingering problems from the circumcision. Kourouma’s four
sisters are also circumcised.

After her husband demanded that she be recircumcised,
Kourouma left Yomou in 2001 and fled to Conakry, the capi-
tal of Guinea, along with her daughter. There, she lived with
a friend of her mother’s. Kourouma departed Conakry when
she heard that her husband and her father were looking for
her. She believes that were she to return to Guinea, her father
and husband would sanction her and have her recircumcised.

Kourouma entered the United States via New York JFK
airport using the Malian passport of a woman named Diane
Mawa. She received the passport from her mother’s friend in
Conakry.2 She was also given an identification card in the
name of Diane Mawa, and she presented a copy of it at the
hearing as well. That card, unlike the passport, bore her pic-
ture not that of Diane. She testified that once she was in the
United States, a friend, Mamadou Bobo Sow, picked her up
at the airport, a fact reflected in his affidavit presented to the
immigration court.
1
According to the State Department Report on Guinea, female circumci-
sion in Guinea includes the process of infibulation where all of the outer
portions of the vagina are removed and then sewn closed. In her asylum
application and oral testimony, Kourouma stated that she was from the
town of Yomou. Yomou, Dalaba Guinea is located in central Guinea close
to Conakry to the east. Although there is another town of Yomou, it is
located in the extreme south of Guinea, quite a distance from Conakry.
Importantly, the State Department report corroborates Kourouma’s testi-
mony about her past circumcision, as it states that in central Guinea, it is
customary for female circumcision to take place between the ages of four
and eight.
2
After she entered the country in July 2001, Kourouma returned the
passport, so she presented a copy of it at her asylum hearing.
4 KOUROUMA v. HOLDER
On March 15, 2002, approximately eight months after her
arrival, Kourouma applied for asylum in the United States.
She testified that she applied and submitted her affidavit with
the help of her first attorney by giving him the original ver-
sion of her statement in French, and then he had it translated
to be part of her asylum application. On December 6, 2002,
the Department of Justice served Kourouma with a Notice to
Appear alleging removability on two counts: being admitted
as a non-immigrant and staying in the United States for a lon-
ger time than permitted. On July 8, 2002, the Department of
Homeland Security referred the case to an immigration judge.
On September 2, 2003, the Department of Justice charged
Kourouma with two additional counts of removability: being
admitted to the United States at an unknown time and
unknown place, and remaining in the United States beyond
the time authorized. In the course of a series of removal hear-
ings, Kourouma, through counsel, conceded that she was
removable under Counts One, Two, and Four but denied
Count Three.

Kourouma’s first hearing before the immigration judge was
on April 22, 2003. After the initial hearing, there was a series
of continuances because Kourouma changed counsel. How-
ever, at the time of her final evidentiary hearing, Kourouma
was pro se, and the immigration judge declined to continue
the case in order to allow her to secure representation. In the
course of her evidentiary hearing on April 4, 2007, Kourouma
presented the facts as described above, along with several
exhibits including copies of her entry documents and Mama-
dou Bobo Sow’s affidavit.3 She also introduced a copy of her
Guinean passport and her birth certificate to confirm her iden-
tity. As background material, Kourouma introduced two
country reports on Guinea from the United States State
3
Kourouma brought one witness to offer live testimony on her case, her
friend Rokia Koutoure, but the immigration judge declined to hear the tes-
timony when Kourouma stated that Koutoure had only known her since
she arrived in the United States.
 KOUROUMA v. HOLDER 5
Department which include sections on the prevalence and
type of female genital mutilation practiced in Guinea. The
State Department’s Guinea: Report on Female Genital Muti-
lation or Female Genital Cutting stated that in 1999, 98.6%
of all women living in all of Guinea had experienced some
form of circumcision. (J.A. 25.)4 To support her testimony
regarding her past circumcision, Kourouma presented two
doctor’s letters to the court. The first, dated May 20, 2002,
from Carlos E. Covarrubias, M.D., describes a full physical
examination of Kourouma. In it, Dr. Covarrubias, when dis-
cussing Kourouma’s gynecological exam, stated that she has
"scattered linear scarring approximately 0.5-1 cm on upper
extremity." (J.A. 28.) At the request of the immigration judge,
Kourouma provided another doctor’s note to state succinctly
whether she had been circumcised or not. To this end, she
provided a "Verification of Circumcision" from Oluremi T.
Ilupeju, M.D., from an examination on September 7, 2006.
(J.A. 27.) Dr. Ilupeju’s note stated that he had conducted a
gynecological examination on Kourouma and found that she
had been circumcised.

During the government’s cross-examination, Kourouma
was questioned concerning an application for asylum made by
another alien which bore strikingly similar language to the
affidavit offered by Kourouma to support her application. The
wording that appeared identically in both affidavits concerned
facts of Kourouma’s past circumcision and her fear of return-
ing to Guinea. Kourouma could not explain the similarities in
the affidavits beyond stating that she provided her statement
to her lawyer in French and he had it translated.

At the conclusion of the hearing, the immigration judge
issued her decision, concluding that Kourouma was not credi-
ble and denying her application for asylum, withholding of
removal, and protection under the Convention Against Tor-
4
Citations to (J.A. __) refer to the joint appendix filed by the parties in
this case.
6 KOUROUMA v. HOLDER
ture on the basis of the adverse credibility finding. The judge
first found that Kourouma’s application for asylum was
untimely because she could not determine with sufficient cer-
tainty the date when Kourouma entered the country. The
judge additionally found that even if considered a timely
application, Kourouma had not met her burden to demonstrate
eligibility for refugee status because the judge found her to
not be credible. The judge was particularly concerned that
Kourouma was unable to offer sufficient proof that she was
who she claimed to be given that she produced evidence at the
hearing which identified her both as Kourouma and as Mawa.
The judge chose not to credit the 2003 Guinean passport or
birth certificate Kourouma offered as proof of her identity
because, in her opinion, they were not sufficiently authenti-
cated or connected specifically to the petitioner. The judge
was also concerned with the similarity of Kourouma’s affida-
vit and the previously submitted application, explaining, the
"documents speak for themselves." Immigration Judge’s
Order 14 (J.A. 51). The judge was also concerned with the
lack of evidence as to whether Kourouma had been circum-
cised in the past, the omission of any mention of a fear of
future circumcision in her asylum application, and the
improbability that if her husband wanted her circumcised
again that he would not have done so in the five years they
were married and living together. Finally, the judge also
found that even if Kourouma had been partially circumcised,
that circumcision did not amount to past persecution. Accord-
ingly, the immigration judge denied Kourouma’s application.

Kourouma appealed the decision to the BIA. The BIA dis-
missed her appeal on July 18, 2008, finding Kourouma failed
to meet her burden to provide testimony that was believable
and sufficiently detailed to provide a coherent, plausible
account of her fear of returning to Guinea. In particular, the
BIA cited the implausibility of Kourouma’s husband not seek-
ing to have her circumcised during their five years of mar-
riage, the lack of any mention of future circumcision in her
application for asylum, and the striking similarity between
 KOUROUMA v. HOLDER 7
Kourouma’s affidavit and that of a prior applicant. The BIA
also shared the immigration judge’s concern about the lack of
corroborating evidence concerning Kourouma’s marriage and
her date of entry into the United States.5 Importantly, how-
ever, the BIA did settle the issue of Kourouma’s identity
when, in summarizing the facts, it stated without qualification
that she is a citizen of Guinea. Therefore Kourouma’s appeal
was dismissed with a renewal of the privilege of voluntary
departure. This petition followed.

III.

When the BIA and the immigration judge both issue deci-
sions in a case, we review both decisions upon appeal.
Camara v. Ashcroft, 378 F.3d 361, 366 (4th Cir. 2004). This
Court reviews those decisions under the substantial evidence
standard, affirming the BIA unless "evidence presented was
so compelling that no reasonable factfinder could fail to find"
eligibility for asylum. INS v. Elias-Zacarias, 502 U.S. 478,
483-84 (1992); Tarvand v. INS, 937 F.2d 973, 975 (4th Cir.
1991) (citing Figeroa v. INS, 886 F.2d 76, 78 (4th Cir. 1989)).
In other words, we will uphold the final order of removal of
the BIA unless it is "manifestly contrary to law." Gandziami-
Mickhou v. Gonzalez, 445 F.3d 351, 354 (4th Cir. 2006)
(quoting 8 U.S.C. § 1252(b)(4)(C) (2004)). In conducting its
review of the case, the BIA may defer to the immigration
judge who had a chance to see the testimony, Rusu v. INS,
296 F.3d 316, 323 (4th Cir. 2002), and facts found by the BIA
are conclusive unless "any reasonable adjudicator would be
compelled to find to the contrary." Dankam v. Gonzalez, 495
F.3d 113, 119 (4th Cir. 2007) (quoting 8 U.S.C.
§ 1252(b)(4)(B)). A credibility determination by the BIA is
considered a factual determination. Camara, 378 F.3d at 367
(citing Figeroa, 886 F.2d at 78).
5
The BIA did not address the question of whether Kourouma had sub-
mitted her application within the year requirement and neither of the par-
ties argues timeliness on appeal, nor did the BIA rule on whether partial
circumcision would be sufficient to constitute past persecution.
8 KOUROUMA v. HOLDER
Applying this standard to the case before us, we hold that
the immigration judge’s and BIA’s decisions finding
Kourouma incredible and denying her asylum application was
not supported by substantial evidence. Indeed, Kourouma has
established that she suffered past persecution and has the pre-
sumption of a well-founded fear of future persecution.

A.

An alien applying for asylum has the burden to prove that
"either he or she has suffered past persecution or . . . he or she
has a well-founded fear of future persecution."6 8 C.F.R.
§ 208.13(a) & (b). An alien’s well-founded fear of future per-
secution has both objective and subjective components; he or
she must prove a subjective fear that a reasonable person in
like circumstances would share. Chen v. INS, 195 F.3d 198,
201-02 (4th Cir. 1999). To carry his or her burden to prove
eligibility for asylum, an alien must "present candid, credible,
and sincere testimony demonstrating a genuine fear of perse-
cution." Li v. Gonzalez, 405 F.3d 171, 176 (4th Cir. 2005)
(quoting Chen, 195 F.3d at 201). Thus, the petitioner bears the
burden to provide both "candid, credible and sincere testi-
mony demonstrating a genuine fear of persecution" as well as
"specific, concrete facts that a reasonable person in like cir-
cumstances would fear persecution." Chen, 195 F.3d at 202.
Where an alien establishes past persecution, it is presumed
that he or she has a well-founded fear of persecution which
the government must rebut. 8 C.F.R. § 208.13(b)(1).

In this case, the immigration judge denied Kourouma’s
application, and the BIA affirmed the denial, not on the merits
6
We do not reach the question whether Kourouma has met her burden
to show that she qualifies for withholding of removal where she must
demonstrate a "clear probability of persecution." INS v. Stevic, 467 U.S.
407, 430 (1984). Nor do we reach the question of whether Kourouma has
demonstrated it is more likely than not she will be subject to torture were
she to return to Guinea entitling her to protection under the Convention
Against Torture. 8 C.F.R. § 208.16(c)(2).
 KOUROUMA v. HOLDER 9
of whether she had demonstrated past persecution, but rather
because her testimony and supporting documentary evidence
were not credible. Kourouma argues upon appeal that she has
met her burden to provide clear, believable, and convincing
testimony on the basis of her grounds for asylum. More spe-
cifically, she argues that she offered sufficient corroboration
such that her testimony should have been considered credible,
especially given the resolution of the issue of her identity. The
government argues to the contrary that the immigration
judge’s adverse credibility finding is supported by substantial
evidence and should be affirmed because there were multiple
other reasons besides the issue of her identity that led to the
denial of her application.

In making an adverse credibility determination, the court
must state specific cogent reasons for why it finds the testi-
mony incredible, although it need not give extensive reason-
ing on why each piece of the applicant’s testimony was
rejected. Tewabe v. Gonzalez, 446 F.3d 533, 538 (4th Cir.
2004). The same standard applies to documentary evidence,
as the immigration judge cannot reject documentary evidence
without specific, cogent reasons why the documents are not
credible. See Zahedi v. INS, 222 F.3d 1157, 1165 (9th Cir.
2000). In determining credibility, the immigration judge, and
consequently the BIA, must take into account both the peti-
tioner’s testimony and his or her corroborating evidence,
whether documentary or testimonial, In re. A-S, 21 I. & N.
Dec. 1106, 1112 (BIA 1998), and thus may not deny asylum
merely on the basis of incredible testimony without consider-
ing any corroborating evidence. See Camara, 378 F.3d at 370.
This Circuit requires that the evidence offered as corroborat-
ing evidence be objective in order for it to be considered by
the immigration judge and BIA. See Gandziami-Mickhou, 445
F.3d at 358-59 (explaining the type of corroborating evidence
in Camara—official records and government reports—was
objective evidence while the evidence offered by petition-
er—letters from family—was not). Importantly, the strict
rules of evidence do not apply to immigration hearings,
10 KOUROUMA v. HOLDER
though they may guide an immigration judge in determining
admissibility. Anim v. Mukasey, 535 F.3d 243, 256 (4th Cir.
2008) (citing Alexandrov v. Gonzalez, 442 F.3d 395, 404 (6th
Cir. 2006)).

Reviewing both the BIA and the immigration judge’s deci-
sions in this case, we find the denial of Kourouma’s applica-
tion for lack of credibility was not supported by substantial
evidence. First, the main reason for the immigration judge’s
denial of Kourouma’s application was that her identity could
not be confirmed so that the immigration judge could consider
the merits of her case. The BIA, however, differed with the
immigration judge on the issue of Kourouma’s identity. The
first page of the BIA’s decision states, "The respondent is a
native and citizen of Guinea." BIA Order 1 (J.A. 2). The BIA
further did not mention any of the other questions about her
identity—the passports or identity card—that had so troubled
the immigration judge. Thus, this Court in reviewing the
appellate record accepts the BIA’s finding of Kourouma’s
identity as supported by substantial evidence.

The finding that Kourouma was who she stated she was in
her hearing before the immigration judge bolsters her credibil-
ity overall as it relates to her testimony. The fact that her iden-
tity could not be confirmed was the basis upon which the
immigration judge found the rest of her documentary evi-
dence incredible including her passports, I-94 arrival docu-
mentation, and birth certificate. With that evidence now
established as credible, it certainly supports her other conten-
tions, in particular the usefulness of the State Department
Country Report for Guinea. In the course of the hearing, the
immigration judge did acknowledge that she had received into
evidence both the State Department Country Report on
Guinea and the State Department Report on Female Genital
Mutilation in Guinea, yet she did not explicitly mention or
consider either in her credibility determination. The BIA did
not mention whether it had received or considered the country
reports. While country reports are not conclusive evidence
 KOUROUMA v. HOLDER 11
that the petitioner in particular had been circumcised, they are
important background evidence that the immigration judge
and BIA should consider when evaluating both credibility and
the merits of the case. See Gomis v. Holder, 571 F.3d 353,
360 (4th Cir. 2009) (discussing and applying the facts con-
tained in the country report presented by the petitioner as evi-
dence of the conditions she would face if she returned to
Senegal). Because the BIA established that Kourouma was
indeed a citizen of Guinea, the country report she submitted
about conditions there should have been considered.

Looking to the country report itself, its contents corroborate
Kourouma’s testimony. The June 2001 State Department
report entitled Guinea: Report of Female Genital Mutilation
(FGM) and Female Genital Cutting (FGC) noted that in
Guinea, 98.6% of women of all tribes and geographical loca-
tions had undergone female genital mutilation. (J.A. 25.)
Additionally, the report states that in middle Guinea, the loca-
tion of the town of Yomou, Dalaba, the average age of cir-
cumcision is between ages four and eight. (Id.) Thus, while
the report alone cannot be conclusive evidence that Kourouma
herself had undergone female genital mutilation, it certainly
supports her contention that at age seven she was circumcised.

The immigration judge was similarly cavalier about the
reliability of the two doctors’ notes that Kourouma presented
with her claim. While the first was less than clear as to where
the scarring noted was located, Kourouma’s second letter
entitled "Verification of Circumcision" from Dr. Oluremi T.
Ilupeju was quite clear, stating "A thorough gynecological
examination revealed that this patient" "had been circum-
cised." (J.A. 27.) The immigration judge declined to consider
the second letter on the basis that the letter was not notarized.
However, as stated above, the rules of evidence do not apply
strictly in administrative adjudications of immigration cases,
and here the immigration judge could offer no other reason
why the letter should not be considered. An immigration
judge cannot reject documentary evidence anymore than testi-
12 KOUROUMA v. HOLDER
monial evidence without specific, cogent reasons why the
documents are not credible. Zahedi, 222 F.3d at 1165. The
mere assertion that a document is not notarized without noting
any further indicia of unreliability is certainly not a sufficient
reason for rejecting it as incredible. Thus, the two doctor’s
notes submitted by Kourouma substantially support her testi-
mony.

Kourouma’s identity was not the sole reason for the
adverse credibility determination, but the additional reasons
are similarly not supported by substantial evidence. First, both
the immigration judge and the BIA expressed concern that
Kourouma’s affidavit supporting her application had substan-
tially similar language to the affidavit of another asylum peti-
tioner. The similar application was received into evidence and
the immigration judge considered it. However, in articulating
her reasons why the application undermined Kourouma’s
credibility, the immigration judge stated merely, "The docu-
ments speak for themselves," and the BIA repeated this lan-
guage. Immigration Judge’s Order 14 (J.A. 51). This is
exactly the type of reasoning our decision in Camara directed
the immigration courts to avoid where we stated that an immi-
gration judge must state "specific, cogent" reasons for the
negative credibility finding. 378 F.3d at 367. Here the immi-
gration judge made no statement as to why the affidavits had
a negative impact on Kourouma’s credibility other than her
conclusory statement akin to "I know it when I see it." Fur-
ther, there was no allegation on the record that Kourouma had
committed fraud in submitting her affidavit. This Court could
attempt to infer why the affidavit supports a negative credibil-
ity finding, but that is not our task. Finally, there was no find-
ing as to which affidavit came first, Kourouma’s or the other
petitioner’s. Thus, the fact of similarity alone can have no
effect on Kourouma’s credibility.

Second, the immigration judge and the BIA found that
Kourouma’s failure to mention her fear of future circumcision
in her asylum application rendered her testimony and the
 KOUROUMA v. HOLDER 13
statements in the application not credible. In an earlier case,
we held that omissions, inconsistent statements, and contra-
dictory evidence are all cogent reasons that support an
adverse credibility finding. Dankham, 495 F.3d at 121 (quot-
ing Tewabe, 446 F.3d at 538). Further, those omissions and
inconsistencies which go to the heart of an asylum seeker’s
claim are greater cause for concern than those which are
peripheral. Id. at 122. However, the BIA and immigration
judge were not entirely on point when they concluded that
Kourouma had omitted the core of her asylum claim. In her
affidavit, Kourouma stated that at age seven she was forced
by her father to undergo female genital mutilation. While the
BIA and immigration judge were right in pointing to the fact
that she did not specifically mention that she feared further
mutilation at the hands of her husband, this omission does not
matter when her past mutilation is sufficient to give a basis
for her asylum claim. Barry, 445 F.3d at 745.

Finally, the immigration judge and the BIA were concerned
with the lack of corroboration of Kourouma’s marriage and
the implausibility that she would have lived with her husband
for five years without him acting on his promise to circumcise
her further. We do not consider the lack of corroboration of
these facts because these facts are unimportant given the
amount of evidence Kourouma offered pertaining to her past
circumcision. The fact that the immigration judge and BIA
found her story of her marriage and vengeful husband incredi-
ble has no bearing in this case on whether she has established
past persecution in the form of female genital mutilation at
age seven.

Therefore, looking to both Kourouma’s testimony and cor-
roborating evidence as required by our decision in Camara,
we find that the immigration judge’s and BIA’s decisions
rejecting Kourouma’s credibility were not supported by sub-
stantial evidence. Once Kourouma’s identity was established
by the BIA, the BIA should have considered the country
reports on Guinea as support for her claim of female genital
14 KOUROUMA v. HOLDER
mutilation. Further, there was no specific and cogent reason
for the rejection of both of Kourouma’s doctors’ letters. The
remainder of the immigration judge’s and the BIA’s reasons
had no persuasive bearing on her credibility because the evi-
dence discounted by BIA and immigration judge had no
impact on her eligibility for asylum for past persecution. Con-
sidering the documentary evidence and Kourouma’s testi-
mony, this Court can find little evidence to support a negative
credibility finding. We therefore reverse the decision of the
BIA as not supported by substantial evidence.

B.

Even though the immigration judge and BIA dismissed
Kourouma’s application on the basis of her lack of credibility,
our discussion of the case need not end there. Based on the
evidence before us, we hold that Kourouma has demonstrated
past persecution sufficient to make out a prima facie case of
qualification for asylum.

It is well-settled in this Circuit that female genital mutila-
tion constitutes persecution within the meaning of the Immi-
gration and Naturalization Act. See Haoua v. Gonzalez, 472
F.3d 227, 231-32 (4th Cir. 2007) (citing Barry, 445 F.3d at
745). Once a petitioner has satisfactorily proven that she has
been or will be subject to female genital mutilation, she has
made a prima facie case that she is entitled to asylum and the
burden shifts to the government. Barry, 445 F.3d at 745. If the
government can demonstrate that the petitioner can avoid per-
secution, then she is not eligible for asylum. Haoua, 472 F.3d
at 232.

As an initial issue, the immigration judge in her decision
indicated that even if Kourouma had shown that she was par-
tially circumcised as she alleged in her testimony, that partial
circumcision would not be sufficient to constitute past perse-
cution under asylum law. The BIA did not rule on this issue
either way. It is clear under our past precedent that any of the
 KOUROUMA v. HOLDER 15
methods used to conduct female genital mutilation, including
clitoridectomy, excision or infibulation, would satisfy the
requirements for past persecution. See World Health Organi-
zation, Female Genital Mutilation: A Handbook for Frontline
Workers 13 (2000) (detailing methods of female genital muti-
lation). This Circuit has found that female genital mutilation
constitutes past persecution, not because of any particular
method of conducting it, but rather because of the serious
mental and physical harm it inflicts on the women who endure
it. Barry, 445 F.3d at 745 (citing Mohammed v. Gonzales, 400
F.3d 785, 795 (9th Cir. 2005); Abay v. Ashcroft, 368 F.3d 634,
638 (6th Cir. 2004) ("Forced female genital mutilation
involves the infliction of grave harm constituting persecution
on account of membership in a particular social group that can
form the basis of a successful claim for asylum."); Abankwah
v. INS, 185 F.3d 18, 23 (2d Cir. 1999) ("That FGM involves
the infliction of grave harm constituting persecution under
Section 101(a)(42)(A) of the Act, 8 U.S.C. § 1101(a)(42)(A)
(1994), is not disputed here.")). Thus, if Kourouma can dem-
onstrate that she was subject to female genital mutilation in
any form, she has met her burden to prove past persecution.

As discussed above, the doctors’ notes presented by
Kourouma at her hearing stated that she had been circumcised
in the past. The government offered no rebuttal evidence and
did not cross examine Kourouma as to those letters, and the
immigration judge discounted the letters for hypertechnical
evidentiary reasons. See Secaida-Rosales v. INS, 331 F.3d
297, 311 (2d Cir. 2003) (holding that the immigration judge’s
requirement that petitioner provide extensive medical records
was "too stringent of a standard" for corroborating evidence)
(superseded by statute on other grounds as stated in Xiu Xia
Lin v. Mukasey, 534 F.3d 162, 163-64 (2d Cir. 2008)). Thus,
there is no evidence in the record which contradicts the clear
statement by Dr. Ilupeju that Kourouma had been circum-
cised. Combined with the State Department Report that 98.6%
of women in Guinea had been circumcised, this is convincing
evidence that Kourouma, as she testified, had been circum-
16 KOUROUMA v. HOLDER
cised. Therefore, because this Circuit accepts that female gen-
ital mutilation may provide the basis of an asylum application,
we hold that Kourouma has established past persecution and
has a presumption of a well-founded fear of future persecu-
tion

IV.

In sum, this Court finds that Kourouma provided believ-
able, corroborated testimony which demonstrated that she had
been subject to female genital mutilation. Pursuant to the fore-
going, we grant Kourouma’s petition for review insofar as it
challenges the denial of her application for asylum, and we
vacate the BIA and immigration judge’s orders with regard
thereto. Finally, we remand the case to the BIA for such fur-
ther proceedings as may be necessary to take evidence and
hear argument as to the question of Kourouma’s fear of future
persecution.

PETITION FOR REVIEW GRANTED
AND REMAND AWARDED