FALLS CHURCH, VA – A transgender woman from Honduras has been denied protection from deportation after the Board of Immigration Appeals upheld a judge’s decision not to accept an agreement between her and the Department of Homeland Security.

The woman said she feared being tortured if sent back to Honduras because of her gender identity. Both she and the government agreed she should be allowed to remain in the U.S., but the immigration judge said that decision could not be made without hearing her testimony in person. She chose not to testify and relied only on written statements.
The board ruled that immigration judges must make their own decisions and are not required to follow agreements made between both sides. It also found there wasn’t enough specific evidence to show she would likely be tortured if deported.
