9th Circ. Remands Asylum Petition For Transgender Woman

By Suzanne Monyak (May 17, 2018, 6:58 PM EDT) -- The Ninth Circuit ruled Wednesday that the Board of Immigration Appeals must address an individual's status as transgender separately from sexual orientation when considering petitions for asylum and other protections, sending the case back to the immigration court for further proceedings.

The three-judge panel found that the BIA had failed to evaluate Mexican citizen Francisco Javier Flores Medina's alleged past persecution by Mexican police specifically in light of her transgender identity when denying her petition for asylum and protection under the Convention Against Torture.

"While the BIA addressed Flores's sexual orientation, it did not address the effect of her transgender identity...

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