Future Retirement Success
  • Politics
  • Business
  • Investing
  • Stocks
  • Politics
  • Business
  • Investing
  • Stocks

Future Retirement Success

Politics

Supreme Court to hear immigration case brought by transgender woman against Biden administration

by January 15, 2023
January 15, 2023
Supreme Court to hear immigration case brought by transgender woman against Biden administration

The Supreme Court on Tuesday will hear the case of a Guatemalan transgender woman who is seeking to avoid deportation from the U.S. after a lower court said she didn’t go through the proper process to demonstrate she would be persecuted in her home country if she were deported.

The nine justices will ultimately be deciding a technical requirement of U.S. immigration law that says migrants must exhaust ‘all administrative remedies available’ before appealing their immigration decisions in the courts.

The Biden administration, a champion for LGBTQ rights, finds itself at odds with a transgender immigrant who entered the U.S. illegally and is trying to stay, claiming fear of persecution because of her sexual identity.

The plaintiff, Leon Santos-Zacaria, is a transgender woman who claims she was raped and received death threats because of her gender identity and sexual orientation in her native Guatemala.

She allegedly fled to the United States and sought to remain permanently under a statute that offers protection to immigrants if they can prove they are or will be persecuted in their native country because of ‘race, religion, nationality, membership in a particular social group or political opinion.’

An immigration judge found Santos-Zacaria’s claims ‘credible’ but her court documents say the judge ‘inexplicably ruled that she did not suffer past persecution, and thus was not entitled to a presumption of future persecution.’

Santos-Zacaria appealed to the Board of Immigration Appeal (BIA), which disagreed with the judge’s ruling on past persecution but still denied her appeal and determined that she ‘had not shown she would be persecuted in the future.’

Santos-Zacaria appealed to the Fifth Circuit, which denied her claim because she didn’t follow a U.S. statute that says she needed to exhaust all remedies with the BIA and that she should have filed what’s known as a ‘motion to reconsider’ with the BIA.

The Justice Department is arguing that Santos-Zacaria, even after making claims about persecution, had testified she was open to voluntarily returning to Guatamala on three separate occasions since leaving as a teenager, undermining her arguments about possible persecution.

‘She specifically acknowledged that she could now register herself ‘as a woman’ in Guatemala ‘if [she] want[s] to be a woman now legally,’ the DOJ brief stated.

DOJ’s brief also said the Fifth Circuit judge observed that Santos-Zacaria ‘‘agreed that there was probably a place where she could safely relocate within Guatemala,’ a concession that was sufficient to rebut the presumption that petitioner’s life or freedom would be threatened if she returned there.’

DOJ argues that Santos-Zacaria didn’t raise her claims through the proper channel with the BIA and says the Supreme Court should uphold the Fifth Circuit’s decision.

Lawyers for Santos-Zacaria said DOJ’s position ‘creates a treacherous trap for vulnerable litigants, setting up landmines of administrative procedure …’

The Supreme Court will hear oral arguments Tuesday at 10 a.m. ET.

Brianna Herlihy is a politics writer for Fox News Digital.

This post appeared first on FOX NEWS
0
FacebookTwitterGoogle +Pinterest
previous post
Biden’s week riddled with controversies from airline disaster to federal investigation into classified docs
next post
Former FBI assistant director sees ‘glaring disparity’ in DOJ’s ‘kid gloves’ treatment of Biden

You may also like

Joe Biden in New York: “Since I Came...

October 6, 2022

New York Volunteer Dies After Participating in Controversial...

November 5, 2022

House Speaker Johnson to meet with Senate GOP...

November 30, 2023

Power-Mad Brinksmanship: Zelensky Demands “Pre-Emptive Strikes” on Russia

October 7, 2022

House leaders eye Wednesday vote on Trump’s ‘big,...

June 30, 2025

‘Tipping the scales’: House GOP leaders rip ActBlue...

October 31, 2024

President Trump urged to pardon 76-year-old grandmother, others...

January 21, 2025

DEVELOPING: Republican Sheriff Joe Lombardo is Projected to...

November 12, 2022

Dr. Jill Vets Joe Biden’s Staffers, Rages at...

October 18, 2022

Judge rules DOGE likely subject to public records...

March 11, 2025

    Get free access to all of the retirement secrets and income strategies from our experts! or Join The Exclusive Subscription Today And Get the Premium Articles Acess for Free

    By opting in you agree to receive emails from us and our affiliates. Your information is secure and your privacy is protected.

    Recent Posts

    • Marcus Rashford’s The Rest Is Football interview smashes records with 1.4m streams in 48 hours

      August 17, 2025
    • Trump closes out 30th week in office with ‘very warm’ high-stakes Putin meeting

      August 16, 2025
    • State Department stops issuing all visitor visas for individuals from Gaza

      August 16, 2025
    • Zelenskyy outlines peace demands before high-stakes White House meeting with Trump

      August 16, 2025
    • Putin backs Trump’s claim that the Ukraine war would not have happened if he’d won 2020 election

      August 16, 2025
    • ROBERT MAGINNIS: What comes next for US, Russia and Ukraine after Alaska summit

      August 16, 2025

    Categories

    • Business (8,799)
    • Investing (2,217)
    • Politics (16,400)
    • Stocks (3,228)
    • About us
    • Privacy Policy
    • Terms & Conditions

    Disclaimer: futureretirementsuccess.com, its managers, its employees, and assigns (collectively “The Company”) do not make any guarantee or warranty about what is advertised above. Information provided by this website is for research purposes only and should not be considered as personalized financial advice. The Company is not affiliated with, nor does it receive compensation from, any specific security. The Company is not registered or licensed by any governing body in any jurisdiction to give investing advice or provide investment recommendation. Any investments recommended here should be taken into consideration only after consulting with your investment advisor and after reviewing the prospectus or financial statements of the company.

    Copyright © 2025 futureretirementsuccess.com | All Rights Reserved