Carlos Soto Moreno v. LORETTA E. LYNCH, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
CARLOS SOTO MORENO,
Petitioner,
v.
LORETTA E. LYNCH, Attorney
General,
Respondent.
No. 14-72395
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.
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-
FILED
DEC 09 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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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.

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