Colorado Transgender Woman's “Gun Culture” Refugee Status in Canada Overturned
A transgender woman from Colorado has had her refugee status in Canada overturned after claiming asylum based on her gender identity.
Daria Bloodworth, 36, had successfully argued that a combination of gun culture and rising transphobia in America put her at risk. However, Canada's Federal Court has now ruled that the committee failed to identify any gaps in Colorado's laws to protect transgender individuals, leading to the decision to overturn her refugee status.
Bloodworth had claimed that she had been stalked by her college roommate, who allegedly threatened her with a gun. She also stated that she was the target of threats and violence from her former landlord and a debt collection agency.
In October 2022, the court had initially determined that Colorado authorities were unable to protect her and that her safety could not be guaranteed elsewhere in the US. However, the recent ruling by Judge Christine Pallotta stated that there were no gaps in Colorado's laws, leading to the decision to overturn Bloodworth's refugee status.
Bloodworth plans to appeal the ruling to the Federal Court of Appeal, expressing her concerns about returning to the US. She stated, "I honestly feel like this is home. I'm not going to say Canada's perfect, but at least since I've moved here, I haven't been threatened with a gun or discriminated against because I'm transgender."
In her criminal complaint against her former college roommate, Bloodworth had initially obtained a protection order. However, the case was later dismissed, and the judge decided not to keep the protection order in place. Bloodworth claimed that the stalking continued and that police did not respond to her calls for action.
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The granting of refugee status to cases from the United States is rare in Canada, as the US is not generally seen as a refugee-producing country. Vancouver immigration lawyer Zool Suleman stated that the federal court felt the need to consider the kinds of protections available to the claimant in this specific case. He also highlighted the importance of monitoring whether this could become an area of growing persecution claims from the United States.
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