12345678910111213141516171819202122232425262728For her complaint, Tanya Guzman-Martinez makes the following allegations:
Plaintiff Tanya Guzman-Martinez is a transgender woman; her appearanceand behaviors are those of a woman. She has undergone surgical alterations to appearfeminine, and is taking hormones and estrogen to prepare for gender reassignmentsurgery.2.
In September 2009, Ms. Guzman-Martinez was placed in federal
immigration removal proceedings and detained at the Eloy Detention Center (“EDC”) in
Eloy, Arizona, from September 2009 until May 2010. She applied for asylum,withholding of removal and protection under the Convention Against Torture because of the past persecution she suffered and a well-founded fear of future persecution that shewould face in Mexico because of her gender identity.3.
EDC is maintained and operated by the private Corrections Corporation of America (
to house immigration detainees based on
the City of Eloy (“Eloy”)
to assume Eloy’s responsibilities in this area.
contracted with Immigration and Customs Enforcement (“ICE”)
Governmental Service Agreement (“IGSA”)
to provide immigration detentionservices. ICE had continuing responsibilities to monitor the safety and well-being of detainees at EDC.4.
Because she demonstrated a well-founded fear of persecution in Mexico,Ms. Guzman-
Martinez’s application for withholding of removal was granted by the Eloy
Immigration Court on March 1, 2010. However, Ms. Guzman-Martinez had alreadysuffered and would continue to suffer persecution and harassment, insults, physicalabuse, and sexual assault at the hands of State and Federal defendants overseeing herdetention. These and more abuses were visited on Ms. Guzman-Martinez while detainedin the EDC awaiting a ruling on her application for asylum. Ms. Guzman-Martinezcontinued to suffer abuse after her application was granted and prior to her release.