Immigration courts allow derivative asylum claims by family members in other contexts.
When courts deny derivative asylum claims for parents of citizens at risk for FGM, they directly contradict well-rooted traditions and principles of family and constitutional law.
While a dependent spouse or a dependent child may secure "derivative asylum" based on a grant of asylum to the petitioner, the practice does not necessarily apply in instances where a mother seeks asylum for herself to protect her daughter from FGM or other forms of persecution.
As such, she attempted to protect her American-born daughter by claiming derivative asylum. Such claims on behalf of children are the focus of the next section.
Part B (4) claims that arguments in favor of amending section 601 (a) would not be unpersuasive or deterred simply because of derivative asylum
protections covered under other statutes.
Oforji asked for derivative asylum
relief under the Convention against Torture, which is an alternative form of relief for people who demonstrate that it is more likely than not that they will be tortured if returned to their country of origin.