In the U.S., there are laws…. For Americans, that is. A citizen is not allowed to break-into another’s home and take up residency, for example. However, if you are a felon from another country and you cross into America illegally, the chances of you seeing consequences for your actions is about as likely as being struck by lightning.
Thanks to a federal panel’s ruling, a psychologically-damaged young man is in this country illegally and because of his willingness to identify as a woman, he now gets to stay, despite the fact that he is a felon.
Edin Carey Avendano-Hernandez is a Mexican national who identifies as a woman. He claims that he was repeatedly raped and tortured by his brothers. Avendano-Hernandez entered the U.S. illegally in 2000 and began living as a “woman” in 2005. In 2006, he committed two separate drunk driving offenses and injured two people which resulted in a felony conviction.
He served a year in jail as was deported back to Mexico in 2007.
Avendano-Hernandez claims that he suffered torture and rape back in Mexico and he re-entered the U.S. illegally and petitioned the government for asylum under the U.N. Convention Against Torture (CAT).
Thankfully, both an immigration judge and the Board of Immigration Appeals (BIA) rejected Avendano-Hernandez’s petition, claiming that he had committed serious crimes in the U.S. and would likely not face torture in Mexico.
However, a three-judge panel for the Ninth Circuit Court of Appeals overturned the decision and now, the warped felon is allowed to stay.
Obama appointee Judge Jacqueline Nguyen blasted the previous judges for failing to recognize the supposed gender of Mr. Avendano-Hernandez. The decision reads:
“The [judge] failed to recognize the difference between gender identity and sexual orientation, refusing to allow the use of female pronouns because she considered Avendano-Hernandez to be ‘still male,’ even though Avendano-Hernandez dresses as a woman, takes female hormones, and has identified as woman for over a decade. Although the BIA correctly used female pronouns for Avendano-Hernandez, it wrongly adopted the [judge’s] analysis, which conflated transgender identity and sexual orientation. The BIA also erred in assuming that recent anti-discrimination laws in Mexico have made life safer for transgender individuals while ignoring significant record evidence of violence targeting them.”
Further, Nguyen claims that Avendano-Hernandez has and will suffer torture not just from individuals, but from Mexican authorities as well.
“Avendano-Hernandez provided credible testimony that she was severely assaulted by Mexican officials on two separate occasions: first, by uniformed, on-duty police officers … and second, by uniformed, on-duty members of the military. Such police and military officers are ‘public officials’ for the purposes of CAT,” Nguyen wrote.
Avendano-Hernandez claims to have been raped and tortured, but the entire basis for the asylum appears to hinge solely on his own claims without any corroborating evidence.
Technically, the decision does not grant Avendano-Hernandez permanent residency, but allows the delusional criminal to stay within the country until such a time that he no longer faces this alleged threat of torture.
Besides allowing a mentally ill felon with a history of breaking our laws to remain in our country, this sets a dangerous precedent; those who wish to stay here now may stay here indefinitely so long as they identify as a different gender and are willing to provide testimony as their sole piece of evidence to suggest that they would be tortured if they returned to their country.
Meanwhile, immigrants wait for years to immigrate legally to the land of opportunity while felons like Avendano-Hernandez get to jump the line because they believe that they are a different gender.