Court: Illegal alien can’t be deported because he is ‘transgender’

crew-22312The Ninth Circuit Court of Appeals is run by progressive kooks and is the most overturned circuit court in the land.

 

Look for this case of adjudication from the bench to be overturned as well.

On February 24, 2010, President Barack Obama nominated Liu to fill a vacancy on the U.S. Court of Appeals for the Ninth Circuit.

Apparently judges from this court had no concern for the crimes committed by transgender, Edin Carey Avendano-Hernandez, while in the U.S.

CHMoot_2Current judges on the Ninth Circuit Court of Appeals

By Canadian Press

CourtroomSAN FRANCISCO Transgender people can be especially vulnerable to harassment and attacks and shouldn’t be equated with gays and lesbians by U.S. immigration officials determining whether to grant asylum, a federal appeals court said Thursday.

The San Francisco-based 9th U.S. Circuit Court of Appeals issued the ruling in the case of a transgender Mexican woman who sought shelter in the U.S. on the grounds that she would likely be tortured if returned to Mexico.

 

kimdavis-410x220                                                                                                                                       Edin Carey Avendano-Hernandez

Edin Avendano-Hernandez said she had been sexually assaulted by uniformed Mexican police and a military official for being transgender.

The Board of Immigration Appeals wrongly relied on Mexican laws protecting gays and lesbians to reject Avendano-Hernandez’s asylum request, the ruling states.

The 9th Circuit said transgender people face a unique level of danger and are specifically targeted in Mexico by police for extortion and sexual favours.

“While the relationship between gender identity and sexual orientation is complex, and sometimes overlapping, the two identities are distinct,” Circuit Judge Jacqueline Nguyen wrote.

“Significant evidence suggests that transgender persons are often especially visible, and vulnerable, to harassment and persecution due to their often public nonconformance with normative gender roles.”

Avendano-Hernandez dresses like a woman and takes female hormones, the 9th Circuit said.

An email to immigration officials for comment on the ruling was not immediately returned.

The 9th Circuit sent the case back to the Board of Immigration Appeals with instructions to grant Avendano-Hernandez’s application for relief under the Convention Against Torture.

“She’s ecstatic,” Avendano-Hernandez’s attorney, Munmeeth Soni, said.

“The fear was constantly hanging over her head that she might have to one day turn herself in to return to Mexico. She no longer lives under that fear.”

Avendano-Hernandez was born male and grew up in a rural town in the Mexican state of Oaxaca, suffering homophobic slurs and abuse at the hands of her family, according to the 9th Circuit ruling.

She first came to the U.S. illegally in 2000 and began taking female hormones five years later.

She was convicted of driving under the influence of alcohol and deported in 2007.

In Mexico, she said, she was raped by police officers and sexually assaulted by a member of the military while trying to flee to the U.S., according to the 9th Circuit.

Entire article below.

 

About JCscuba

I am firmly devoted to bringing you the truth and the stories that the mainstream media ignores. This site covers politics with a fiscally conservative, deplores Sharia driven Islam, and uses lots of humor to spiceup your day. Together we can restore our constitutional republic to what the founding fathers envisioned and fight back against the progressive movement. Obama nearly destroyed our country economically, militarily coupled with his racism he set us further on the march to becoming a Socialist State. Now it's up to President Trump to restore America to prominence. Republicans who refuse to go along with most of his agenda RINOs must be forced to walk the plank, they are RINOs and little else. Please subscribe at the top right and pass this along to your friends, Thank's I'm J.C. and I run the circus
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5 Responses to Court: Illegal alien can’t be deported because he is ‘transgender’

  1. Brittius says:

    Reblogged this on Brittius.

    Like

  2. Some people just ASK FOR IT, don’t they?

    Like

    • JCscuba says:

      Seriously, the Ninth Circuit Court of Appeals should be abolished. What are we to expect when it’s filled with attorneys from Northern CA. and San Francisco.

      Want to spend less time overturning their nonsense, make coming from any of the leftist law schools in the area a prohibition for serving on the court.

      This would likely be unconstitutional, but the Ninth Circuit would probably find nothing wrong with it. They judge from a parallel universe.

      Like

  3. Dave the Differentator says:

    Just what is happening here in America.

    An illegal Immigrant should be deported because the immigrant is ILLEGAL.

    Sexual preference is not the issue and should never be.

    On the other hand, criminal behavior is a problem.

    Of course, once the determination is made that an immigrant is illegal then the immigrant should be deported.

    What is so difficult about the word ILLEGAL?

    Like

    • JCscuba says:

      It’s not at all difficult Dave, we have a low life in the White House and a Racist Attorney General who will not drop the dime on them.

      Like

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