Court: Transgender Illegal Immigrant Felon Can't Be Deported

 

(Fox News) - A federal court has ruled that an illegal immigrant and convicted felon can’t be deported back to Mexico because he identifies as a transgender woman, which leaves him vulnerable to torture if returned to his home country.

A three-member panel of the 9th U.S. Circuit Court of Appeals, in San Francisco, found that a federal immigration board had confused sexual orientation with gender identity when it ordered the deportation of Edin Carey Avendano-Hernandez, according to Reuters.

Tom Fitton, president of Judicial Watch, said on "Fox and Friends Weekend" that this is an ideological decision that's not actually based on U.S. immigration law.

Read More at FoxNews.com

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