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Thursday, September 3, 2015

It Seems Like Being an American Citizen Doesn't Mean Much Anymore

Today, I saw a news report from a source called "The Daily Caller" that reports an illegal alien who is also a convicted felon under our law (besides having entered the country illegally) was granted asylum because she claims she is a person who is transgender and alleges she was abused sexually by family members.


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

Blake Neff reports:
"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 co“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. She added that this torture was likely to resume should Avendano-Hernandez ever return to Mexico.
The belief that Avendano-Hernandez was raped and tortured in Mexico appears to be based entirely on his own claims, which were deemed to be “credible” by his immigration judge.
Nguyen said it did not matter that in recent years Mexico has passed laws intended to protect its gay community, arguing that those laws don’t extend far enough to protect the transgendered.
The belief that Avendano-Hernandez was raped and tortured in Mexico appears to be based entirely on his own claims, which were deemed to be “credible” by his immigration judge.
Nguyen said it did not matter that in recent years Mexico has passed laws intended to protect its gay community, arguing that those laws don’t extend far enough to protect the transgendered.
“[L]aws recognizing same-sex marriage may do little to protect a transgender woman like Avendano-Hernandez from discrimination, police harassment, and violent attacks in daily life,” she said. She added that Mexican police sometimes target the transgendered for extortion and sexual favors, and said the country has an alarming number of unsolved murders of the transgendered.
The decision technically doesn’t spare Avendano-Hernandez from deportation, but it means his deportation will be delayed until he no longer faces a risk of being tortured.
While the decision only applies to Avendano-Hernandez, it could encourage more transgendered Mexicans to seek asylum in the U.S., as Nguyen’s description of torture in Mexico is quite general."
It seems to me that our government is not so concerned with protecting our U.S. Citizens and guaranteeing the rights of law abiding transgender citizens as they are trying to weaken the rights of American citizens across the board. 
It amazes and appalls me that our courts find that illegal aliens have the right to bear arms under the second amendment of the United States Constitution. Sanctuary Cities are allowing to illegal aliens to vote in their elections.

It seems to me that under the current government's interpretation of constitutional law, law abiding natural born citizens, including law abiding transgender citizens are not being afforded the Constitutional protections we are entitled to, while those whose rights have been suspended or removed due to criminal conviction, or because they are here because they entered the country illegally (which is in of itself a felony) are being afforded more protections and freedoms than the rest of us.

It really doesn't mean much to be a law abiding transgender American citizen, much less any American citizen anymore. Convicted felons who identify as transgender get better health care and more access to transgender health care up to and including sexual reassignment surgery. Anyone who claims they are transgender who are illegal aliens get asylum and get all kinds of access to social welfare programs and transgender healthcare no matter what crimes they commit, in addition to entering the country illegally.

Those of us who are natural U.S. citizens who go to our jobs and work every day and meet our daily obligations are pretty much short of luck in getting the health care we need. On top of that, to add injury to insult, we have to pay the government to take care of the people who have committed felonies and come here illegally. If we protest, then we are branded as racists and inhumane. We have to pay to provide transgender health care for convicted felons that we can't afford for ourselves. What a crock of junk this is for us to have to swallow. So yeah, I'm pretty disgusted at this point and to me it really does seem that being an American citizen doesn't mean much anymore. There's not much left to take pride in.

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