A federal court has ruled that an illegal immigrant and convicted felon can’t be deported back to Mexico because he now identifies as a transgender woman.

The court found that Edin Carey Avendano-Hernandez could be subject to torture if she is returned to her home country.


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A three-member panel of the 9th U.S. Circuit Court of Appeals, in San Francisco, found that a federal immigration board had confused sexual orientation with gender identity when it ordered the deportation of Avendano-Hernandez, according to Reuters.

Tom Fitton, president of Judicial Watch, said on "Fox and Friends Weekend" that this is an ideological decision that's not actually based on U.S. immigration law.

"The Obama administration is very friendly to individuals who are transgendered who are illegal immigrants," FItton said. "They provide them taxpayer-funded hormone treatments [and] special accommodations."

Fitton said the fact that they were even considering deporting Avendano-Hernandez, who was convicted of two DUIs, shows how serious this individual's criminal activity was.

"It's just another reason for more illegal aliens to come in and claim this type of protection," Fitton said. "We've seen asylum-seeking aliens - or at least the number of aliens seeking asylum - skyrocket during the Obama administration."

Watch the "Fox and Friends Weekend" clip above.


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