That makes him a male.
He prefers to dress as a woman, however, and even pretends to be a woman.
A federal appeals court has ruled that his chosen lifestyle is sufficient to prevent the convicted felon from being deported back to Mexico.
Please report typos...
In 2006, he committed two separate drunk driving offenses, the second of which injured two people and resulted in a felony conviction. After serving a year in jail, he was deported back to Mexico in 2007.
Back in Mexico, Avendano-Hernandez claims to have been subjected to more harassment from family and neighbors and to have been raped by members of the Mexican army. He illegally entered the U.S. again and, after being arrested, petitioned for sanctuary in the U.S. under the U.N. Convention Against Torture (CAT), arguing that deporting him would violate the CAT because he would more likely than not experience torture at the hands of Mexican authorities.
An immigration judge and the Board of Immigration Appeals (BIA) both rejected Avendano-Hernandez’s arguments on the grounds that he had committed a serious crime (felony drunk driving) and was not likely to face official torture.
Now, a three-judge panel on the Ninth Circuit Court of Appeals says Avendano-Hernandez must be allowed to stay in the U.S., because he “more likely than not” will be tortured if returned to Mexico.
Judge Jacqueline Nguyen, an Obama appointee, chastised immigration officials for improperly handling Avandano-Hernandez’s gender identity.
More racist hate crime reports at AbateTheHate.com [click here]
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