An illegal immigrant who was arrested twice for drunk driving and has already been deported on one previous occasion, cannot be sent back to Mexico because he is transgender.
The 9th U.S. Circuit Court of Appeals ruled on Thursday that Edin Carey Avendano-Hernandez has the right to remain in the U.S. because deporting a transgendered person to a place that is hostile to those with a gender identity disorder goes against international anti-torture conventions.
The three-member court also disagreed with the Board of Immigration Appeals that recent anti-discrimination laws in Mexico make it safer for transgendered individuals to live there, Reuters reported.
“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,” wrote Judge Jacqueline Nguyen for the 9th Circuit Court’s decision.
“Avendano-Hernandez, who takes female hormones and dresses as a woman, is, therefore, a conspicuous target for harassment and abuse,” the judge continued.
The 20-page ruling stated that Avendano-Hernandez was born a male in Oaxaca, Mexico, but believes he is a female and has suffered beatings, sexual assaults, and rapes because of his sexual identity disorder. Many of the perpetrators in those horrible incidences of abuse were Mexican police officers and military.
Avendano-Hernandez fled to the U.S. and was arrested twice in 2006 for drunk driving. The second offense was a felony because he hit another driver, causing multiple injuries.
After his second offense, Avendano-Hernandez was deported, but suffered more beatings and rapes at the hands of police. He illegally returned to the U.S. in 2008, but was arrested again in 2011 for violating probation.
So, the 9th Circuit ruled in favor of an illegal immigrant who broke the law on five occasions – twice for illegally entering the country, twice for drunk driving, and once for violating probation – if you’re keeping track.
This ruling sets a precedent that LGBTQ individuals can illegally cross the border, commit felonies, and cannot be deported.
