CA9 on CAT, Mexico, Transgender: Avendano-Hernandez v. Lynch

"The immigration judge (“IJ”) and the BIA erred ... in denying her application for CAT relief, ironically exhibiting some of the same misconceptions about the transgender community that Avendano-Hernandez faced in her home country. The IJ failed to recognize the difference between gender identity and sexual orientation, refusing to allow the use of female pronouns because she considered Avendano-Hernandez to be “still male,” even though Avendano-Hernandez dresses as a woman, takes female hormones, and has identified as woman for over a decade. Although the BIA correctly used female pronouns for Avendano-Hernandez, it wrongly adopted the IJ’s analysis, which conflated transgender identity and sexual orientation. The BIA also erred in assuming that recent anti-discrimination laws in Mexico have made life safer for transgender individuals while ignoring significant record evidence of violence targeting them. We grant the petition in part and remand for a grant of relief under CAT." - Avendano-Hernandez v. Lynch, Sept. 3, 2015.  [Hats off to Andrea Ruth Bird (argued,) Matthew Williamson, Munmeeth K. Soni and Nancy M. Olson!]