9th Circ. Sends Mexican Trans Woman's Appeal Back To BIA

Law360, New York (December 10, 2015, 4:55 PM EST) -- The Ninth Circuit on Monday ordered the Board of Immigration Appeals to consider the dangers transgender women face in Mexico when reviewing one such woman's application for asylum, citing a September decision holding that the agency had wrongly assumed Mexico's anti-discrimination laws have made life safer for transgender people.

In an unpublished decision, a three-judge panel pointed to the appeals court's decision in Avendano-Hernandez v. Lynch, which held that the BIA erred in assuming that recent anti-discrimination laws passed in Mexico have made life safe for transgender people while ignoring significant evidence that they are still targets of violence.

The appeals...

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