Court: Transgender Illegal Immigrant Felon Can't Be Deported

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.

Story

To me, this sets a VERY dangerous precedent. This person is illegal AND a convicted felon. two strikes too many in my opinion. Now the taxpayers have to feed, clothe and house this person, along with possibly paying for hormone treatments.
Whats to stop other illegals from slipping on a dress and saying the same thing to stay here?
I say too bad, you broke the laws here twofold, youre out. You dont belong here. You took the chance on coming here illegally, you got caught, time to go.
PC hsas gotten way out of hand here.
To those about to flame me, flame away, I'm wearing my fire suit, I'm not bothered, my opinion will continue to stand.

Compassion will always surpass Law, in my opinion.


But they don't deserve a free ride.
If that is what's gonna happen, and not just a narrative you've injected for debate purposes.

a reply to: CharlieSpeirs

Its not, it it just rhetoric unless the person is in detention.

And this wasn't just about being transgender, it was about not getting sent back to a place where you are tortured.
news.yahoo.com...

because she is protected under international anti-torture conventions, a U.S. appeals court ruled on Thursday.

It is more then just because she is transgender.

a reply to: CharlieSpeirs

Compassion will always surpass Law, in my opinion.

In this case its merely one law superseding another law:

Back in Mexico, Avendano-Hernandez suffered more abuse and assaults, including beatings and rape at the hands of police officers and she returned to the United States in 2008.

Three years later she was arrested for probation violation and, facing deportation, applied for relief under the United Nations Convention Against Torture.

she is protected under international anti-torture conventions, a U.S. appeals court ruled on Thursday.

She did go back, but was abused further by officials there, which most likely influenced her being protected under a higher law.

a reply to: HomerinNC

If any person is going to tortured upon going back you can not send them.
Be it man woman trans. Anyone really.

a reply to: HomerinNC

To me, this sets a VERY dangerous precedent. This person is illegal AND a convicted felon. two strikes too many in my opinion.

Ah yes, because people facing deportation will merely pop some hormones, don a wig and suddenly they are protected. erm... wait no, because thats not what happened. No instead there was a person who spent their live transgendered, face abuse at the hands of their home country's authorities, and even after being deported suffered further abuse and finally returned for protection from that abuse.

a reply to: boncho

Also you can't just do that willy nilly.
Well the dress part sure, but the hormones will be a little harder to show to the court.

a reply to: Sremmos80

If course, FOX doesn't mention that she's protected under international anti-torture conventions.

When will people learn to look for OTHER SOURCES (besides FOX, breitbart, etc.) before posting this inflammatory stuff? Or maybe that's the idea... Flame-retardant suits are cheap on the internet.

Bottom line is this:
1. ILLEGAL
2. FELON

Twice the laws of the country were broken
Do YOU want your hard earned money to go to pay to house this person and others like them who broke the laws of our country?
Sorry, when you roll those dice and lose, you gotta pay.

And how do we know it was really tortured? Obviously because it told us. It's not like the Mexican govt. would admit to it. How do we know it's not lying?

Anyway, the law is supposed to be blind. Officials are not supposed to make exceptions on a whim. A 90 year old white Grandmother is going to go to jail if she steals something, they aren't going to make an exception. One time I was speeding because my dog was dying and I was trying to race to the animal hospital. No compassion there, I still got ticket. Why is this trans Mexican different? Oh yeah, cause it's serving an agenda.

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 countr

Yeah the bottom line is ILLEGAL, and a FELON.

Nothing else matters.

Hit the road.

a reply to: HomerinNC

It's not "setting a precedent", actually. She went home before only to be tortured and forced to flee again. It's not just some wild claim that is going to start a mass emigration of cross-dressing illegals or something like that...she has a documented history of being mistreated due to her gender reassignment. Of course, it's not a very good endorsement for her character that she's been a criminal during her time here, but the law doesn't care about that...it is a separate issue entirely. What is more important, upholding basic human dignity or trying to somehow quantify the worth of the individual for whom that dignity is being upheld?

a reply to: neo96

You would send a person back knowing they will be tortured?.

originally posted by: boymonkey74
a reply to: HomerinNC

If any person is going to tortured upon going back you can not send them.
Be it man woman trans. Anyone really.

Are you sure about that..
Link

This guy is facing certain death if deported, but that's not stopping Canada from deporting him, so I doubt this "international torture law" is being evenly distributed.

If, this law is truly an international law, then the difference between Canada and the US shouldn't make a difference.

a reply to: tigertatzen

Then why not come here LEGALLY, or any OTHER country non gender biased?
Why not go the legal route and not break the laws of THAT country?
Just because you choose to identify yourself as a different gender does NOT give you license to break the laws of the other countries of the world

originally posted by: HomerinNC
a reply to: tigertatzen

Then why not come here LEGALLY, or any OTHER country non gender biased?
Why not go the legal route and not break the laws of THAT country?
Just because you choose to identify yourself as a different gender does NOT give you license to break the laws of the other countries of the world

Amen

a reply to: Chickensalad

And it is on Canada to enforce it.

I guess they don't consider that torture some how, or maybe the being part of a 'terrorist' org over rules that.

originally posted by: boymonkey74
a reply to: neo96

You would send a person back knowing they will be tortured?.

That is their problem.

Every day in Mexico there are people beaten, and tortured.

Hell every day in America there are people beaten, and tortured.

Where is the difference ?

And WHAT makes HIM so special?

a reply to: HomerinNC

Maybe she felt she was going to die?

That legal process takes over a year, I bet you wouldn't wait around a year.

There was no license to break the, she was charged for both crimes and was going to be sent back.
How does that equate to a license to break the law?

While in the United States, Avendano-Hernandez was twice convicted of driving under the influence in 2006 and was deported following the second offense, a felony because she and the other driver both sustained injuries.

link

So a felon for driving drunk a SECOND TIME, then snuck back and somehow got probation and violated that probation.
See a cycle here?