The expulsion of a non-binary person to the United States suspended by a judge

(Ottawa) A non-binary American is authorized to temporarily stay in Canada after his expulsion procedure was suspended by a judge. For example. Meanwhile. Moreover, who said that immigration agents had not taken into account the potential dangers facing LGBTQ+ persons in the United States. Therefore,

Angel Jenkel was to be expelled on July 3. In addition, but the procedures were suspended expulsion non-binary person united states new on July 2 until a judicial control was carried out. For example, expulsion non-binary person united states new Consequently,

“One thing I have thought of several times in this process is that. However. Meanwhile. Similarly, if I have to go back, it will not be in the same country as the one I left,” said Angel Jenkel during an interview with the Canadian press. Nevertheless,

Angel Jenkel arrived in Canada in August 2022 to visit the man who is now his fiancé. Nevertheless, The first two months, her husband’s health was good, but that her epilepsy finally caused “fairly serious” crises. For example, Additionally, Nevertheless,

“I started to take care of him. Nevertheless. Furthermore. Furthermore, I lost the notion of time a little, because no one else took care of expulsion non-binary person united states new him at that time,” said Angel Jenkel. Moreover.

Canadian visitor visas expire after six months, expulsion non-binary person united states new and a visitor who stays longer can be expelled. However. expulsion non-binary person united states

Faced with an expulsion request. Angel asked an immigration agent to carry out a risk assessment before returning. In addition, During these hearings, applicants must demonstrate that they risk real damage if they are expelled from Canada. Nevertheless, Angel represented his own person at the hearing. In addition,

Angel reported that the agent had decided that proof demonstrating that a referral. Moreover, to the United States would lead to irreparable damage was insufficient. Meanwhile,

Angel. Furthermore. now represented by Smith Immigration Law. a Toronto firm of lawyers specializing in immigration law and in assistance expulsion non-binary person united states new to LGBTQ+customers, asked for the execution of the dismissal measure, arguing that the agent had made an error by relying on obsolete information concerning the United expulsion non-binary person united states new States.

Expulsion non-binary person united states new

Expulsion non-binary person united states new

Expulsion non-binary person united states

Outdated data

. expulsion non-binary person united states.

According to Judge Julie Blackhawk’s decision. the immigration agent founded the most recent national background of American documentation used by the Immigration. Refugee Status of Canada, dated January 31, 2024.

These satchels are reference guides for countries that contain information to their subjects. including the situation in matters of human rights, their demography and the treatment of sexual minorities.

Before this year. the National Documentation School of the United States has been updated each year since 2018 according to expulsion non-binary person united states new information accessible. to the public.

The website of the immigration. refugee status commission indicates that updating these kits can be delayed “during rapid change or uncertainty”.

“One expulsion non-binary person united states new of the arguments we put forward during the hearing was that because of. the expulsion non-binary person united states notoriety of the actions of the president [Donald] Trump towards the trans. non -binary community. Angel had assumed that the agent would be aware of the magnitude of the evolution of the situation in the country in the space of a year. “said lawyer Adrienne Smith.

“It is therefore shocking that the agent did not take into account the. whole period from January 2024 until decision -making concerning the request [d’examen des risques avant renvoi]when it was in. reality this whole period that expulsion non-binary person united states new pushed Angel asked for this evaluation. »»

Immigration, refugees and citizenship Canada did not respond to a comment request.

Evolution of the American situation

Only a few hours after taking an. expulsion non-binary person united states new oath in January. Trump signed a decree recognizing only two genres in the United expulsion non-binary person united states States: man and woman.

This decree has had repercussions throughout the country. in particular the abolition of what the president calls “the ideology of the gender” of all the websites of. the federal government. the end of the publication of statistics on transgender people imprisoned. Additionally, the decision of the centers for the control and prevention of diseases to end his training explaining how to create educational and non -binary school environments.

“My condition is one of the only ones to still protect trans people. Who knows how long it will last. given the current situation. “said Angel. making, among other things, reference to the assassination of Melissa Hortman, Democratic president of the Minnesota House of Representatives, and her husband last expulsion non-binary person united states new month.

“In addition, my whole family lives mainly in the south. expulsion non-binary person united states I just have my grandfather. my uncle in Minnesota, and a friend who is ready to help me if I find myself there. »»

In her decision. Judge Blackhawk claims that he was not reasonable for the agent to base himself on the National School of. Current Documentation “given the public knowledge by the public of the evolution of the situation in the United States”.

For a stay of expulsion to be approved. the applicant, in this case Angel, must demonstrate that his expulsion would cause irreparable damage.

Judge Blackhawk claims that Angel’s case meets all of these criteria due to the use of former information for expulsion. the risk for her fiancé to expulsion non-binary person united states new lose a main care provider. the low risk for the Canadian population if Jenkel remains in the expulsion non-binary person united states country.

Sarah Mikhail. the other lawyer for Angel. argued that immigration agents are responsible for knowing the country’s conditions to which they can return a person.

“This charge is in fact heavier when the applicant represents himself. because he knows the situation well in his country of origin,” said Mr.^e Mikhail.

“According expulsion non-binary person united states new to the file. the decision of the agent. it was clear that the conditions of the country in which Angel was returned were not necessarily taken into account. and that is all the difference. »»

Angel can now stay in Canada until the end of the judicial control of the dismissal decision. If this control is expulsion non-binary person united states new in its favor. Angel’s request for stay in Canada will be reopened and examined by another agent.

expulsion non-binary person united states