Avendano-Hernandez v. Lynch

800 F.3d 1072 (2015)

From our private database of 46,100+ case briefs, written and edited by humans—never with AI.

Avendano-Hernandez v. Lynch

United States Court of Appeals for the Ninth Circuit
800 F.3d 1072 (2015)

Facts

Edin Avendano-Hernandez (plaintiff) was a Mexican citizen and a transgender woman who had suffered mental, physical, and sexual abuse in her native country since she was a child. Her older brothers and cousins beat, sexually assaulted, and raped her, and she also faced abuse from her parents and the community. Avendano-Hernandez eventually came to the United States (defendant) without documentation and began living openly as a woman. Avendano-Hernandez was convicted in the United States of both a misdemeanor and a felony charge of driving under the influence of alcohol. After she was released from her jail sentence for the felony, she was deported back to Mexico. Avendano-Hernandez again faced violence and harassment from her family and the community. On two separate occasions, she was subjected to severed physical and sexual violence at the hands of uniformed, on-duty Mexican police and military officials because of her identity as a transgender woman. Avendano-Hernandez fled back to the United States but was eventually arrested for parole violations and placed in removal proceedings. She petitioned for withholding of removal and Convention Against Torture (CAT) relief, which would also preclude removal. The immigration judge denied her application for withholding of removal on the basis of her felony conviction for drunk driving, and the Board of Immigration Appeals (BIA) upheld the decision. The BIA additionally denied her CAT claim, on the grounds that she had failed to demonstrate that she was more likely than not to face future torture with the Mexican government’s consent. Avendano-Hernandez’s appeal came before the Ninth Circuit court of appeals.

Rule of Law

Issue

Holding and Reasoning (Nguyen, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 748,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 748,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,100 briefs, keyed to 987 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 748,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,100 briefs - keyed to 987 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership