In September, the Ninth Circuit Court of Appeals held that an illegal alien, although properly found to be a danger to the community, should not be removed from the United States because he considers himself to be a transgender woman. Finding that Mexico is not in the progressive vanguard in embracing transgender identity, the court concluded that the alien would likely be tortured at home and thus could invoke the protection of the Convention Against Torture (CAT).
Edin Avendano-Hernandez first illegally entered the United States in 2000. While here, he began taking female hormones and “lived openly as a woman for the first time.” He also drank a bit. Avendano-Hernandez picked up his first DUI in March 2006. Four months later, he drank and drove again, and was involved in a head-on collision causing serious injuries to the other driver. This second offense led to a felony conviction in September 2006 for driving while having a .08 percent or higher blood-alcohol level and causing injury to another.
Avendano-Hernandez was sentenced to 364 days incarceration and three years of probation. After his release from custody, he was removed to Mexico in March 2007 under a stipulated order of removal. In May 2008, he illegally entered the United States again. He was arrested on a probation violation in 2011, and authorities began another round of removal proceedings.