Court: Transgender Illegal Immigrant Felon Can't Be Deported

a reply to: Phage

I believe in order to be the one, you have to be the other... Regardless of the terminology, the meaning was clear and your response was, dare I say it, childish as best.

a reply to: Sremmos80

She only applied for refugee status AFTER she was being deported for being a felon and breaking a law.
MAYBE....JUST MAYBE they should have picked up a pen and applied instead of picking up that drink, there would be no issue

a reply to: Vroomfondel

I believe in order to be the one, you have to be the other

Your belief is incorrect.
There are far more transvestites than transsexuals.

a reply to: Vroomfondel

You can believe all you want doesn't make it true.

a reply to: HomerinNC

She only applied for refugee status AFTER she was being deported for being a felon and breaking a law.

Are you sure about that?

After suffering more mistreatment in Mexico, Avendano-Hernandez returned to the U.S. and appealed for asylum under the protections afforded disenfranchised refugees in the United Nations Convention Against Torture.

www.advocate.com...

originally posted by: Sremmos80
a reply to: Vroomfondel

Nope, that isn't what is happening.
This person is claiming refugee status, which is open to everyone.
Just so happens to be that she is trans which is causing the need for it.

OK.... and my point still stands - this isnt the first time a criminal has claimed refugee status. Now any felonious illegal immigrant can become a transvestite/transsexual (pick one, it doesn't really matter which) and identify as transgender - and qualify for that status.

We seem to be going out of our way to find ways to legitimize illegal immigration. The current tactic appears to be making deportation wrong on as many levels as possible, no matter how obscure or obtuse it may be. Unfortunately for those who oppose deportation, it will never be wrong to deport illegal aliens. It isn't wrong anywhere else, and it isn't wrong here either.

a reply to: HomerinNC

So, she should have done this and she didn't do that. And you're mad about it. OK. We can't change the past.

What should be done NOW?

a reply to: HomerinNC

ETA: I guess I read the timeline wrong.
Y'all keep getting on your high horse about this drinking issue. Must be nice to never have indulged in a vice.
Which I know for a fact is not true for you Homer.

The driving part is an issue that I agree with but y'all are just being so smug about it.
Drunk driving is a serious issue, but won't act like I haven't been there in my younger and dumber days.

a reply to: Phage

From your own source:

A year later, after driving drunk on two occasions and injuring two individuals in a crash, she was given a felony conviction for drunk driving, and served one year in jail. In 2007 she was deported to Mexico.

After suffering more mistreatment in Mexico, Avendano-Hernandez returned to the U.S. and appealed for asylum under the protections afforded disenfranchised refugees in the United Nations Convention Against Torture.

So like I said, if she picked up a pen the first time instead of picking up a drink and getting behind the steering wheel of a vehicle and crashing into someone else, injuring them, there wouldnt be an issue.

a reply to: Vroomfondel

Now any felonious illegal immigrant can become a transvestite/transsexual (pick one, it doesn't really matter which) and identify as transgender - and qualify for that status.

Keep repeating this, it really shows you have zero idea of what is going on.

That wasn't the qualifying factor
So no that isn't what the people need to do.

a reply to: Sremmos80

Actually it was that second DUI and the coming deportation that caused her to apply, so it isn't AFTER but DURING.

No. She was deported in 2007 because of the arrests.

a reply to: HomerinNC

So like I said, if she picked up a pen the first time instead of picking up a drink and getting behind the steering wheel of a vehicle and crashing into someone else, injuring them, there wouldnt be an issue.

There isn't an issue except in your mind.
She was deported in 2007 because of the arrests, just like you wanted her to be. She did not apply for asylum.
She more recently applied for legal asylum, just like you wanted her to.

a reply to: Phage

Ya I did an edit, I guess I had read that wrong the first time.

a reply to: Sremmos80

Y'all keep getting on your high horse about this drinking issue. Must be nice to never have indulged in a vice.
Which I know for a fact is not true for you Homer.

Oh? My vices cause me to get behind the wheel of a car and cause injuries?
Sorry, but no. Just no.
I was an EMT, I've scraped up whats left of the aftermath of people like in my OP
whatever vices I may have dont cause injury to others

a reply to: Phage

She was deported in 2007 because of the arrests, just like you wanted her to be.
She more recently applied for legal asylum, just like you wanted her to.

Which seems to be the crux of the issue, people want them to 'pay' for their crimes, which means they get a trial and at the same time deported.
Can't have your cake and eat it too.

a reply to: HomerinNC

Cool ignore the rest of the post and just quote that part.
Wasn't the point.

Her driving has nothing to do with your comment on how she was to busy drinking to pick up the pen.

MAYBE....JUST MAYBE they should have picked up a pen and applied instead of picking up that drink, there would be no issue

I am against drunk driving 100%, she was arrested, charged and jailed for it which I am for.

I am against judging someone just because they got a DUI and act like they are the gum on the bottom of your shoe because of it.

a reply to: Sremmos80
a reaply to: Phage

A transvestite is: "A person who dresses in a style or manner traditionally associated with the opposite sex."
A transsexual is: "A person who permanently acts the part of and completely identifies with the opposite sex."
source: www.thefreedictionary.com

I am not arguing to arguing's sake. Honestly, if you are a transsexual, don't you have to dress in the style or manner of the opposite sex as part of "acting the part of and completely identifying with the opposite sex?" If so, then in order to be a transsexual you must be a transvestite, unless you are a transsexual who identifies as the opposite sex but is gay.

There was a movie a long time ago called Victor/Victoria. It was about a woman, who played a man, playing a woman on stage.... How do you identify that in real world terms, not performance in costume?

a reply to: HomerinNC

a reply to: tigertatzen

I have ZERO hatred for TG's, as a matter of fact, I have a buddy that is TG and former air Force, and a great person at that. Hell, they are my study partner for school as they took the classes I'm taking now in college.

The issue is they were here illegally, committed a crime, got off lightly, could have been deported then and wasnt. They committed the SAME CRIME AGAIN, injured someone in the process. Now the govt wants them deported before they hurt anyone else.They commited a crime TWICE.
The law is you get caught, you get deported. Thats it. Case closed.
As far as the torture thing goes, apply for asylum, then I'd respect your right to stay here.
Dont sneak in, get caught then cry about abuse.

Once again, you are putting far too much focus on the wrong thing here. Her gender is irrelevant, no matter how much you try to make it the focus. She is not here illegally. She applied for relief through the proper channels; she was granted asylum under the UN Convention Against Torture. The only reason people are trying to make it an issue is because the judge who ruled in her favor was appointed by our current POTUS, and Avendano-Hernandez' case was previously denied by the same court before she got the job. This woman has done nothing wrong. She has a right to be here and our government is granting that right to her, legally. No one is "sneaking in" and then "crying about abuse". That is a misrepresentation of what is actually happening.

The law is not in fact "you get caught, you get deported". That may be what you wish were the law, but that does not make it so, and it's a good thing too...the vast majority of Americans would not even be here right now if it were not for people ditching their country of origin for this one.

Avendano-Hernandez came to the United States as an undocumented worker in 2000, after claiming to have been raped and assaulted by her relatives, according to Mexico's El Universal newspaper. She began hormone therapy and presenting as the woman she knows herself to be in 2005. A year later, after driving drunk on two occasions and injuring two individuals in a crash, she was given a felony conviction for drunk driving, and served one year in jail. In 2007 she was deported to Mexico.

After suffering more mistreatment in Mexico, Avendano-Hernandez returned to the U.S. and appealed for asylum under the protections afforded disenfranchised refugees in the United Nations Convention Against Torture.

The three-judge panel's ruling in the case calls out the transphobia of the immigration judge who initially considered Avendano-Hernandez's plea for asylum, maintaining that 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."

Source

a reply to: Vroomfondel

If so, then in order to be a transsexual you must be a transvestite, unless you are a transsexual who identifies as the opposite sex but is gay.

So, you're beginning to understand that gender can be a complicated thing.

There was a movie a long time ago called Victor/Victoria

There was also a movie called Tootsie. I'll leave it to you to remember what that was about.

a reply to: Phage

While some may argue that Avendano-Hernandez's felony conviction should invalidate her right to seek asylum, the court's recognition of systemic violence and discrimination against transgender individuals points to the reality that more than 50 percent of transgender women and men suffer from anxiety and depression, according to a study by the Journal of Consulting and Clinical Psychology, and a quarter of transgender individuals are estimated to suffer from alcohol and substance abuse.

So basically.

Being a transgender negates criminal activity now.

Doesn't matter what a person does anymore.

The only thing that matters is their sexual orientation.

The US judicial system is a joke.

Meanwhile millions of other felons are sitting in prisons across this country rotting away.

Looks like they ALL have a get out of jail free card now.