The Ninth Circuit granted in part the petition for review, holding that the Board of Immigration Appeals erred when it denied the petitioner, a transgender woman from Mexico, relief under the Convention Against Torture (CAT), because it failed to recognize the difference between gender identity and sexual orientation, and assumed that recent anti-discrimination laws in Mexico have made life safer for transgender individuals, while ignoring significant evidence of violence targeting them. The court remanded for a grant of CAT relief in light of the petitioner’s evidence of past torture and country conditions, which showed a clear probability of future torture with government acquiescence.
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