Murithia v. Holder
**Asy, FGM; changed country conditions, Kenya**
The evidence supports the BIA’s conclusions, and Murithia has not established that a reasonable fact finder would Murithia had not established that she has a well-founded fear she would be forced to undergo FGM because (1) Murithia’s twin sister had remained in Kenya and had not been forced to undergo the procedure; (2) the 2003 Country Report stated that the Kenyan government had outlawed the forced practice of FGM on women; (3) the 2003 Country Report stated that FGM is usually performed on young girls between three and thirteen years of age; and (4) Murithia, who was 27 years of age, was not of an age in which FGM was usually performed.
However, the Court expresses concern that there appears to have been an increase in violence in Kenya following the 2007 elections against Murithia’s ethnic and political groups which may constitute a basis for asking the BIA to reopen her case based on changed country conditions.
http://www.ca9.uscourts.gov/datastore/memoranda/2010/01/25/05-74924.pdf
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