Court rules felon-illegal immigrant can’t be deported because he’s transgender

Being transgender is the latest excuse for giving illegal immigrants a free ride to sanctuary in the United States.

A federal appellate court ruled Thursday that an illegal immigrant could not be deported despite having a felony conviction because he’s a transgender who identifies himself as a woman and might suffer sexual and physical abuse if returned to Mexico.

A three-member panel of the 9th U.S. Circuit Court of Appeals, in San Francisco, found that a federal immigration board had confused sexual orientation with gender identity when it ordered the deportation of Edin Carey Avendano-Hernandez, according to Reuters.

The court also disputed a finding by the Board of Immigration Appeals that recently enacted Mexican anti-discrimination laws would afford protection to transgenders.

“Country conditions evidence shows that police specifically target the transgender community for extortion and sexual favors and that Mexico suffers from an epidemic of unsolved violent crimes against transgender persons,” Judge Jacqueline Nguyen wrote for the court.

“Avendano-Hernandez, who takes female hormones and dresses as a woman, is therefore a conspicuous target for harassment and abuse,” she continued in the 20-page opinion.

Reuters reported:

According to the ruling, Avendano-Hernandez was born male but grew up in Oaxaca, Mexico, believing that she was female and suffered years of abuse over her gender identity, including beatings, sexual assaults and rape.

That abuse continued into her adulthood and she suffered at the hands of the Mexican police and military before seeking refuge in the United States.

Avendano-Hernandez was deported after his second conviction for driving under the influence, a felony because it resulted in a collision and injuries to the other driver.

He claimed to have suffered repeated rapes and beatings on return to Mexico, and then returned to the United States.

When Avendano-Hernandez faced deportation again because of a probation violation, he sought relief under the United Nations Convention Against Torture.

Looks like it worked.

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