Federal Court: Illegal Immigrant And Convicted Felon Can’t Be Deported Because He’s Transgender

A federal appeals 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 back in his home country.

Edin Carey Avendano-Hernandez was born male in Mexico, and claims to have been raped by his brothers and suffered other torments. In 2000, he illegally entered the U.S. and took up residence in Fresno, California. Avendano-Hernandez also started taking female hormones and began living openly as a woman in 2005. 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.

“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,” Nguyen’s decision says. “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.”

Nguyen cites the repeated sexual abuse Avendano-Hernandez claims to have endured as evidence of de facto torture, and furthermore concludes that these actions were not crimes committed by individuals but were instead endorsed by the Mexican government.

Via: The Daily Caller

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Professors threaten bad grades for saying ‘illegal alien,’ ‘male,’ ‘female’

 Washington State students risk a failing grade in one course if they use any common descriptors professor considers “oppressive and hateful language.”

In another class, students will lose one point every time they use the words “illegal alien” or “illegals” rather than the preferred terms of “‘undocumented’ migrants, immigrants, persons.”

Multiple professors at Washington State University have explicitly told students their grades will suffer if they use terms such as “illegal alien,” "male," and “female,” or if they fail to “defer” to non-white students.

According to the syllabus for Selena Lester Breikss’ “Women & Popular Culture” class, students risk a failing grade if they use any common descriptors that Breikss considers “oppressive and hateful language.”

"Students will come to recognize how white privilege functions in everyday social structures and institutions.”    Tweet This

The punishment for repeatedly using the banned words, Breikss warns, includes “but [is] not limited to removal from the class without attendance or participation points, failure of the assignment, and— in extreme cases— failure for the semester.”

Breikss is not the only WSU faculty member implementing such policies.

Much like in Selena Breikss’s classroom, students taking Professor Rebecca Fowler’s “ Introduction to Comparative Ethnic Studies” course will see their grades suffer if they use the term “illegal alien” in their assigned writing.

According to her syllabus, students will lose one point every time they use the words “illegal alien” or “illegals” rather than the preferred terms of “‘undocumented’ migrants/immigrants/persons.” Throughout the course, Fowler says, students will “come to recognize how white privilege functions in everyday social structures and institutions.”

In an email to Campus Reform, Fowler complained that “the term ‘illegal alien’ has permeated dominant discourses that circulate in the news to the extent that our society has come to associate ALL unauthorized border crossings with those immigrants originating from countries south of our border (and not with Asian immigrants, for example, many of whom are also in the country without legal documents and make up a considerable portion of undocumented immigrants living in the country).”

“The socio-legal production of migrant illegality works to systematically dehumanize and exploit these brown bodies for their labor,” Fowler continued.

White students in Professor John Streamas’s “ Introduction to Multicultural Literature” class, are expected to “defer” to non-white students, among other community guidelines, if they want “to do well in this class.”

In the guidelines in his syllabus, Streamas elaborates that he requires students to “reflect” on their grasp of history and social relations “by respecting shy and quiet classmates and by deferring to the experiences of people of color.”

Streamas—who previously generated controversy by calling a student a “ white shitbag” and declared that WSU should stand for “White Supremacist University”—also demands that students “understand and consider the rage of people who are victims of systematic injustice.”

Later in the syllabus, Streamas goes even further and accuses Glenn Beck of being an “insensitive white.”

Several other WSU professors require their students to “acknowledge that racism, classism, sexism, heterosexism, and other institutionalized forms of oppression exist” or that “ we do not live in a post-racial world.”

Ari Cohn, a lawyer with the Foundation for Individual Rights in Education, told Campus Reform he considers such requirements to be contradictory, even given the sensitive nature of the courses.

"It is notable that one of the syllabus provisions warns: ‘The subject material of this class is sensitive and controversial. Strive to keep an open mind.’ How are students supposed to approach these sensitive and controversial materials at all, let alone to keep an open mind, if they have to fear that a misconstrued statement, or one that unreasonably offends a classmate will lead to a grade reduction or even removal from class?"

Neither Breikss nor Streamas replied to Campus Reform’s request for comment.

Follow the author of this article on Twitter: @peterjhasson

Via: Campus Reform

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Illegal Alien Charged With Child Molestation and Pornography Able To Work With Kids Thanks to Obama Amnesty

Chairman of the Senate Judiciary Committee Chuck Grassley has sent a letter to Homeland Security Secretary Jeh Johnson demanding to know why an illegal alien who was working as a camp counselor, charged with child molestation and with distributing nearly 1000 images of child pornography, may have avoided deportation under President Obama's deferred action program (DACA). 

"This month, I write to you again about another potential DACA recipient who has allegedly distributed and possessed hundreds of images of child pornography and who has used his position at a summer camp, employment he may have legally obtained only with employment authorization he achieved as a DACA recipient, to molest and victimize the children he was tasked with helping. Recent press accounts have reported that Edgar Covarrubias-Padilla, a night counselor at a popular science camp in California was charged with sexually abusing a 10-year-old boy along with distribution and possession of child pornography. Mr. Covarrubias-Padilla allegedly applied for and received deferred action under the DACA program. On Monday, Covarrubias was charged with four felonies, which included possession and distribution of more than 600 child porn images and a charge for lewd and lascivious act with a child under 14," the letter states (bolding is mine). "The Santa Clara County Office of Education confirmed that Mr. Covarrubias-Padilla worked at two campsites over the past two years in various capacities that involved contact with children. According to news accounts, since this story broke last week, the Santa Clara Sheriff’s office has received over 100 calls and 50 emails from concerned parents. Reportedly, at least some of these calls are from parents who believe that their children were among Mr. Covarrubias-Padilla’s victims."

According to Grassley and cited whistleblowers, Covarrubias-Padilla was scheduled for deportation but approved for DACA and a work permit in October 2012. Further, it seems DHS was aware his heinous behavior and allowed him to stay in the country anyway, jeopardizing the safety and well being of the children he was working with. 

Via: Townhall

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