Court: Transgender asylum seekers can't be equated with gays

Legal Events

Transgender people can be especially vulnerable to harassment and attacks and shouldn't be equated with gays and lesbians by U.S. immigration officials determining whether to grant asylum, a federal appeals court said Thursday.

The San Francisco-based 9th U.S. Circuit Court of Appeals issued the ruling in the case of a transgender Mexican woman who sought shelter in the U.S. on the grounds that she would likely be tortured if returned to Mexico.

Edin Avendano-Hernandez said she had been sexually assaulted by uniformed Mexican police and a military official for being transgender.

The Board of Immigration Appeals wrongly relied on Mexican laws protecting gays and lesbians to reject Avendano-Hernandez's asylum request, the ruling states.

The 9th Circuit said transgender people face a unique level of danger and are specifically targeted in Mexico by police for extortion and sexual favors.

"While the relationship between gender identity and sexual orientation is complex, and sometimes overlapping, the two identities are distinct," Circuit Judge Jacqueline Nguyen wrote. "Significant evidence suggests that transgender persons are often especially visible, and vulnerable, to harassment and persecution due to their often public nonconformance with normative gender roles."

Related listings

  • Bangladesh court bans Rana Plaza movie because of terrifying scenes

    Bangladesh court bans Rana Plaza movie because of terrifying scenes

    Legal Events 08/27/2015

    Bangladesh’s high court has imposed a six-month ban on a film about a garment worker who was rescued from the rubble 17 days after a five-storey factory complex collapsed, killing more than 1,000 people. The director, Nazrul Islam Khan, had argued th...

  • Texas man charged in killing of 8 set for court appearance

    Texas man charged in killing of 8 set for court appearance

    Legal Events 08/12/2015

    A man charged with capital murder in the fatal shooting of a family of six children and two parents at their Houston home is set to make his first court appearance. David Conley, who authorities say was previously in a contentious relationship with t...

  • Republicans reject governor's pick for Va. Supreme Court

    Republicans reject governor's pick for Va. Supreme Court

    Legal Events 08/03/2015

    Leaders of the Republican-controlled General Assembly say they are rejecting Democratic Gov. Terry McAuliffe's pick for the Virginia Supreme Court in favor of a their own selection.   House Speaker William J. Howell and Senate Majority Leader Th...

Workers’ Compensation Subrogation of Administrative Fees and Costs

When a worker covered by workers’ compensation makes a claim against a third party, the workers’ compensation insurance retains the right to subrogate against any recovery from that third party for all benefits paid to or on behalf of a claimant injured at work. When subrogating for more than basic medical and indemnity benefits, the Texas workers’ compensation subrogation statute provides that “the net amount recovered by a claimant in a third‑party action shall be used to reimburse the carrier for benefits, including medical benefits that have been paid for the compensable injury.” TX Labor Code § 417.002.

In fact, all 50 states provide for similar subrogation. However, none of them precisely outlines which payments or costs paid by a compensation carrier constitute “compensation” and can be recovered. The result is industry-wide confusion and an ongoing debate and argument with claimants’ attorneys over what can and can’t be included in a carrier’s lien for recovery purposes.

In addition to medical expenses, death benefits, funeral costs and/or indemnity benefits for lost wages and loss of earning capacity resulting from a compensable injury, workers’ compensation insurance carriers also expend considerable dollars for case management costs, medical bill audit fees, rehabilitation benefits, nurse case worker fees, and other similar fees. They also incur other expenses in conjunction with the handling and adjusting of workers’ compensation claims. Workers’ compensation carriers typically assert, of course, that, they are entitled to reimbursement for such expenditures when it recovers its workers’ compensation lien. Injured workers and their attorneys disagree.

Business News

New York Adoption and Family Law Attorneys Our attorneys have represented adoptive parents, birth parents, and adoption agencies. >> read