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.