In Avendano-Hernandez v. Lynch, the U.S. Court of Appeals for the 9th Circuit ruled today that the Board of Immigration Appeals (BIA) made an error of law in denying protection under the Convention Against Torture (CAT) to a transgender woman from Mexico who had been sexually assaulted and raped by members of the Mexican police and military. Apparently, an immigration judge and the BIA got it so wrong that it took an appeal to the Court of Appeals (a step below the Supreme Court) to reach the right decision.
By Judith Muñoz and Tarunpal Dhillon, Student Attorneys with the Catholic University Law School Immigration Litigation Clinic We met our client, Tanya,[i] for the first time on December 18, 2013 at the Baltimore Immigration Court. She stood behind a glass door, in a navy blue jumpsuit, handcuffed and shackled. As she told us her story of survival in South Africa, a few points became very clear about our client: she is a source of inspiration, a fighter, and a seeker of justice.