Court: Transgender asylum seekers can't be equated with gays
Law Firm News
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.
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 favors.
"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."
Related listings
-
House approves sweeping Russia sanctions bill, sending it to Trump
Law Firm News 09/18/2026The House on Wednesday passed a broad package of sanctions targeting Russian officials and key pillars of its economy as lawmakers look to deprive President Vladimir Putin of the financial resources needed to wage the war against Ukraine.The bill is ...
-
Federal judge rules Trump DHS plan for 50% FEMA staffing cuts was unlawful
Law Firm News 09/15/2026A federal judge has ruled that a plan by the Trump administration to slash staffing at the federal agency tasked with responding to disasters by 50% was unlawful.The opinion issued late Friday marked a victory for labor groups who had sued the agency...
-
Supreme Court Asked to Review Texas Ten Commandments Law in Public Schools
Law Firm News 08/18/2026Civil rights advocates on Monday asked the U.S. Supreme Court to review a Texas law requiring public schools to display the Ten Commandments, teeing up a potential new test of state-sponsored religious expression in classrooms.Posters featuring the T...
New Rochelle, New York Personal Injury Lawyers
If you or a loved one has been injured in an accident, contact Kommer, Bave & Ollman, LLP, in New Rochelle, New York, immediately. We can answer all your questions and work with you to determine if you have the grounds for a personal injury lawsuit. The attorneys at our firm are determined to resolve even the most difficult of cases. We will work closely with you to determine the best course of action to get your claim or case resolved in the most efficient way possible. We will fight for your right to compensation! No one should have to suffer a financial burden from the result of another person’s carelessness. The attorneys at Kommer, Bave & Ollman, LLP will aggressively fight to ensure that justice is served on your behalf.