In 2007, Nancy Arabillas Morales, a.k.a. Juan Manuel Arabillas Morales, a male-to-female transsexual, petitioned for review of the Board of Immigration Appeals’ (“BIA”) decision summarily affirming an Immigration Judge’s (“IJ”) removal order and denial of his applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”).
The IJ concluded that Morales was removable both because he was an alien present in the United States without admission or parole and because he had been convicted of a crime involving moral turpitude-communication with a minor for immoral purposes. The IJ further found Morales would have been eligible for asylum but for his conviction, which the IJ determined was a particularly serious crime. Having made that decision, the IJ denied Morales’s applications for asylum and for withholding of removal. The IJ also denied Morales’s application for CAT relief on the merits, holding that Morales had not shown it was more likely than not he would be tortured if he were returned to Mexico.
The U.S. Court of appeals for the Ninth Circuit concludes the IJ improperly relied on a recitation of facts in the Washington appellate court’s opinion affirming Morales’s conviction. Relying on those facts, the IJ determined that Morales’s conviction was for a particularly serious crime. A substantial portion of the facts the IJ relied upon, however, applied to offenses for which Morales had not been convicted. Therefore, the court remanded to the BIA with instructions to remand to the IJ for a redetermination of the “particularly serious crime” issue.
Here is a statement of what Morales did: Continue reading
Morris “Tracey Lynn” Garner, a Man who identifies as a Woman, was sentenced to life in prison for the “depraved heart” murder of another woman. Garner, 54, administered an unlicensed silicone injection that killed 37-year-old Karima Gordon, of Atlanta. Garner was also convicted of conspiracy to commit wire fraud. Gordon died in 2012, eight days after seeking the illicit means to enhance her buttocks.
There are a number of instances where transgender people have killed others administered silicone.
Morris Garner, Mississippi man, charged in butt-implant death – CBS News.
Deadly Butt Injection Lands Mississippi Woman Life Sentence _ TIME.
Teena Brandon was a lesbian with gender dysphoria who was raped when two men discovered she was female. Brandon filed a police report with the County of Richardson, Nebraska, and was subjected to a degrading and humiliating interrogation. Further, the police failed to protect Brandon, who was subsequently murdered. Her mother then sued the county and Charles B. Laux, the sheriff who interrogated Brandon, for the suffering Brandon endured.
From the court decision (GRAPHIC CONTENT): Continue reading
Yolonda Deyvonne Burt, a federal inmate, filed a lawsuit against the USA pursuant to the Federal Tort Claims Act (“FTCA”). Burt, a biological male diagnosed with Gender Identity Disorder prior to incarceration, was transferred to Federal Correctional Institution Butner-I and was immediately subjected to sexual harassment by other inmates. He reported the incidents to both Dr. Adams of Psychological Services and A. Harris, his case manager, expressing fear to both of these individuals. This fear arose in part from unlocked cell doors and he requested a transfer to where cell doors were locked at night. Burt claims that thereafter he was the victim of two separate assaults. In the June assault, Burt alleged a rape by two inmates, Harold English and Stanley Hervey. In the November 9th assault, plaintiff was stabbed by Inmate English about the face and neck with a box cutter or blade of some type which was never recovered. That assault was witnessed by a guard and other inmates and the assault itself is not in dispute. Burt asserted in his lawsuit that the Bureau of Prisons did not safeguard him from predators.
The court dismissed the FTCA claim.
Burt v. Yates Appeal.
Walter Lee Williams is a Man who travelled to Southeast Asia to sexually assault young boys. He is also a former Gender and Women’s Studies professor at the University of Southern California. Williams has written about the “berdache,” a concept in Native American cultures analogous to transgender. He wrote in 1986:
How many genders are there? To a modern Anglo-American, nothing might seem more definite than the answer that there are two: men and women. But not all societies around the world agree with Western culture’s view that all humans are either women or men…
Among many cultures, there have existed different alternatives to “man” or “woman.” An alternative role in many American Indian societies is referred to by anthropologists as berdache… Continue reading
Robert Paul Patton, the 44-year-old publisher of LGBTQ blog FabulousPDX.com, was sentenced to two years in prison in 2013 after pleading no contest to the attempted first-degree sexual abuse of a 12-year-old boy.
From the court case affirming his conviction:
The affidavit states MG told Detective Andler that he and DG were at Patton’s house during the summer of 2011, and they dressed up as women. According to MG, DG asked if they could spend the night there and they did, with DG and Patton staying alone in Patton’s bedroom. Continue reading