Immigration Relief for Undocumented Transgender Individuals from Mexico
U.S. Court of Appeals for the Ninth Circuit granting deferral relief under the Convention Against Torture (CAT) to an undocumented transgender woman. Carey Avendano-Hernandez came to the United States seeking protection after being threatened, beaten and raped by law enforcement and military officials in Mexico.
The Ninth Circuit rebuked the Board of Immigration Appeals (BIA) for denying CAT relief due to misassumptions about the threat of future torture to Ms. Avendano-Hernandez. Specifically, the court found that the BIA had conflated gender identity with sexual orientation and erroneously concluded that the passage of same-sex marriage laws in Mexico demonstrated a commitment to protecting the rights of transgender people.