Avilez

Avilez v. Barr

Good Law
United States District Court, Northern District of CaliforniaFebruary 5, 20203:19-cv-08296California2,675 words

Opinion

Trial Court Opinion

I. BACKGROUND

24 Avilez is a native and citizen of Mexico. Beier Decl. (dkt. 13-3) Tab A ¶ 1. She was 25 brought to the United States as an infant and has lived in this country since. Id. ¶ 4. 26 In 2005, Avilez was convicted of assault and sentenced to sixteen years in prison. Id. ¶ 16. 27 After her release, Avilez was transferred directly to ICE custody at Yuba. Id. ¶ 20; Mot. (dkt. 13- 2) at 3. On March 8, 2019, an immigration judge denied her application for relief under the Convention Against Torture and ordered her removed to Mexico. Mot. at 7. The Board of Immigration Appeals affirmed and entered a final order of removal. Id. at 8. Avilez then filed a petition for review (“PFR”) with the Ninth Circuit. Id. That petition remains pending. Id. The Ninth Circuit has stayed Avilez’s removal pending resolution of her PFR. Id. Avilez has been in ICE custody since her release from prison. Beier Decl. Tab A ¶ 20. Avilez was assigned male at birth. Id. ¶ 17. While in ICE custody, Avilez realized she was a transgender woman and was diagnosed with gender dysphoria by Yuba’s medical staff. Id. ¶ 23; Beier Decl. Tab F; Mot.…

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