Opinion
No. 14-72395
12-09-2015
CARLOS SOTO MORENO, Petitioner, v. LORETTA E. LYNCH, Attorney General, Respondent.
NOT FOR PUBLICATION
Agency No. A200-281-528 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Submitted December 7, 2015 San Francisco, California Before: KOZINSKI, BYBEE and CHRISTEN, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). --------
The Board of Immigration Appeals ("BIA") "erred in assuming that recent anti-discrimination laws in Mexico have made life safer for transgender individuals while ignoring significant record evidence of violence targeting them." Avendano- Hernandez v. Lynch, 800 F.3d 1072, 1075 (9th Cir. 2015). On remand, the BIA shall take into consideration the dangers faced by transgender women in Mexico when reviewing Ms. Soto's application for asylum, withholding of removal and protection under the Convention Against Torture.
We GRANT Ms. Soto's petition and REMAND for further proceedings consistent with this disposition and Avendano-Hernandez.