The Supreme Court of Justice of the United States accepted this Monday to deal with the case of León Santos Zacaria, a Guatemalan transgender woman who has been denied asylum in the country and who alleges that the administrative appeals process was not completed.
Santos alleges that she was sexually assaulted by a neighbor in Guatemala when she was 12 years old for “being homosexual”, according to the lawsuit, directed against the prosecutor General of the United States, Merrick Garland.
The plaintiff has requested asylum in the United States stating that if she returns to Guatemala she will probably suffer persecution for her gender identity.
An immigration judge denied Santos’ request to have his deportation postponed because he concluded that the previous attack it was not enough to establish a case of persecution. The same judge rejected Santos’ request for amparo under the Convention Against Torture.
Santos appealed to the Board of Immigration Appeals, which dismissed the request indicating that the reported sexual assault did not was enough to determine that the person was persecuted for being part of a particular social group.
Last January, the Federal Court of Appeals for the Fifth District, in California, dismissed Santos’ request to detain the deportation process.
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