Moreno v. Lynch, 120915 FED9, 14-72395

Docket Nº:14-72395
Party Name:CARLOS SOTO MORENO, Petitioner, v. LORETTA E. LYNCH, Attorney General, Respondent.
Judge Panel:Before: KOZINSKI, BYBEE and CHRISTEN, Circuit Judges.
Case Date:December 09, 2015
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit

CARLOS SOTO MORENO, Petitioner,

v.

LORETTA E. LYNCH, Attorney General, Respondent.

No. 14-72395

United States Court of Appeals, Ninth Circuit

December 9, 2015

NOT FOR PUBLICATION

Submitted December 7, 2015[**]San Francisco, California

On Petition for Review of an Order of the Board of Immigration Appeals, No. A200-281-528

Before: KOZINSKI, BYBEE and CHRISTEN, Circuit Judges.

MEMORANDUM[*]

The Board of Immigration Appeals ("BIA") "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." Avendano- Hernandez v. Lynch, 800 F.3d 1072, 1075 (9th Cir. 2015). On remand, the BIA shall take into consideration the dangers faced by transgender women in Mexico when reviewing Ms. Soto's application for asylum, withholding of removal and protection under the Convention Against Torture.

We GRANT Ms. Soto's petition and REMAND for further proceedings consistent with this disposition and Avendano-Hernandez.


Notes:

[*] This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

[**] The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).


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