Jaime Ramos, a transgender woman from El Salvador, won an appeal of a denial of asylum based on the Board of Immigration Appeals’ failure to to consider Ramos’s argument that she will likely be persecuted or tortured if removed to El Salvador because she is a transgender woman. Ramos clearly asserted her gender identity as a basis for relief distinct from her sexual orientation. The immigration judge improperly conflated Ramos’s gender identity and sexual orientation. Although the BIA acknowledged that Ramos is transgender, its opinion offers no indication that it actually considered whether she is entitled to withholding or CAT relief as a result. The U.S. Court of Appeals for the Ninth Circuit remanded the case to the BIA to conduct further proceedings necessary to consider this claim.
Ramos v. Lynch