Court: Trans Asylum Seeker is not the same as gay, she may stay

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The Ninth Circuit Court of Appeals overruled a Board of Immigration appeals board granting transgender woman Edin Carey Avendano-Hernandez special status Thursday. The three justices ruled that the dangers that transgender asylum seekers from Mexico face if forced to return places them at extraordinary risk.

Source Raw Story In granting Edin Carey Avendano-Hernandez the right to remain in the United States, a three-member 9th U.S. Circuit Court of Appeals panel found that a federal immigration board that ordered her deported had mixed sexual orientation with gender identity.

The justices also disagreed with a finding by the Board of Immigration Appeals that recent anti-discrimination laws in Mexico had made it safer for transgender individuals to live there.

“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 9th Circuit panel.

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

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.

Editor in Chief at

Kelli Busey an outspoken gonzo style journalist has been writing since 2007. In 2008, she brought the Dallas Advocate on-line and has articles published by the Reconciling Ministries Network, The Transsexual Menace, The Daily Kos, Frock Magazine the TransAdvocate, the Dallas Voice and The Advocate. Kelli, an avid runner is editor in chief at Planet Transgender which she founded in 2007.

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