Topline
The Supreme Court ruled unanimously in favor of a trangender woman from Guatemala who is seeking to appeal her deportation from the U.S. on the grounds that she will be targeted for her gender identity if she is sent back to her home country, according to reports from the Associated Press and CNN.
The Supreme Court unanimously voted in favor of Estrella Santos-Zacaria, a transgender woman seeking … [+]
Key Facts
The decision on Thursday clears the way for Estrella Santos-Zacaria, who is in her mid-30s, to appeal rejections of her bid to stay in the U.S. after an immigration judge and the 5th Circuit Court of Appeals blocked her from appealing her deportation order.
Santos-Zacaria has been seeking asylum in the U.S. because she has been targeted in Guatemala for her gender identity and sexual orientation, and she has testified that she was raped and has received death threats in her hometown.
An immigration judge ruled that she did not make a strong enough case that she would be persecuted if she returned to Guatemala.
She has attempted to enter the U.S. twice, once as a teenager in 2008, after which she was deported, and again in 2018 when she was quickly taken into custody by immigration authorities, AP reported.
Between 2008 and 2018, she spent most of her time in Mexico, where she was also gang-raped and assaulted, according to AP.
The Supreme Court’s ruling deals with whether federal immigration law is flexible enough to allow her another chance at appealing and could make it easier for immigrants to challenge deportation orders in federal court, even if they did not successfully challenge their removal before immigration authorities.
Further Reading
Unanimous Supreme Court gives transgender woman from Guatemala new chance to fight deportation (Associated Press)
Supreme Court sides with transgender woman from Guatemala in asylum dispute (CNN)
Source: https://www.forbes.com/sites/katherinehamilton/2023/05/11/supreme-court-rules-in-favor-of-transgender-guatemalan-woman-seeking-asylum/