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Guatemalan transgender woman allowed to seek asylum in U.S. and not be deported back because of sexual assault and death threats, Scotus rules

Coastie Patriot

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United States
05/12/2023 08:44 AM

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Guatemalan transgender woman allowed to seek asylum in U.S. and not be deported back because of sexual assault and death threats, Scotus rules
A transgender woman from Guatemala can stay in the United States because she could face persecution if sent home, the Supreme Court has unanimously ruled.

Leon Santos-Zacaria, who now goes by Estrella, fled to the United States in her early teens after she was raped and received death threats due to her gender identity.

The ruling by justices means Santos-Zacaria will get another chance to argue that immigration officials were wrong to reject her bid to remain in the US.

A US immigration judge had decided that her lawyers had failed to make a strong case that she would face sexual assault or even death if booted out.

The judge found Santos-Zacaria's claims 'credible,' but 'inexplicably ruled that she did not suffer past persecution, and thus was not entitled to a presumption of future persecution.'

The Supreme Court was tasked with determining whether or not immigration law was flexible enough to allow her another day in court to appeal the judge's decision.

The 5th US Circuit Court of Appeals had ruled against her on that point, but other appellate courts had ruled in favor of immigrants on the same issue.

Attorneys for the Justice Department argued against Santos-Zacaria, claiming that she had testified on three separate prior occasions that she would voluntarily go back to Guatemala.

According to the DOJ's brief, the 5th Circuit judge noted that Santos-Zacaria 'agreed that there was probably a place where she could safely relocate within Guatemala' — which again undermines her claims that her life would be in danger upon returning.

The Supreme Court ruled in an opinion written by Justice Ketanji Brown Jackson, a liberal, that the 5th Circuit was wrong.

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According to the media she wouldnt be any safer here as they claim everyone is out to get trans people
Coastie Patriot


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