CA5 Remand in Mexican Transgender Withholding Case (Unpub. Order)

Geoffrey A. Hoffman, Clinical Assoc. Professor and Director of the University of Houston Law Center Immigration Clinic reports that the U.S. Court of Appeals for the Fifth Circuit, in an unpublished order, has remanded a Mexican transgender withholding case back to the BIA on joint motion.

From the Joint Motion - "Respondent Attorney General Loretta E. Lynch and Petitioner X hereby move to remand this case to the Board of Immigration Appeals for it to address particular aspects of X’s claim. Remand would allow the Board to address the following items of evidence: (1) X’s statement that the police in Mexico demanded that she perform sex acts on them, (2) in connection with the Board’s holding that X does not have a clear probability of being abused by prisoners in jail in Mexico because she is not wanted for a crime in Mexico that compels a prison term, ROA.5, X’s statements that she was jailed in Mexico for being “immoral” because of her “homosexual” or transgender appearance, see ROA.479, 210 11, 218, 501-02; and (3) X’s statement that during a previous incarceration, she complained to the jail guards about having been sexually abused by the other prisoners, but that the guards laughed and put her in another cell where the same thing happened, see ROA.479-80."

The UHLC Immigration Clinic has had this case for several years and Professor Hoffman, his students and supervising attorneys were able previously to get this client paroled back into the United States after she was improperly physically deported during her previous BIA Appeal which she had initially filed pro se.