United States Ninth Circuit

A petition for review brought by a male-to-female transsexual of a removal order and denial of her applications for asylum and related relief is granted in part where: 1) as to the applications for asylum and withholding, the IJ erred in relying on facts in a Washington appellate court's opinion to determine petitioner's prior conviction was for a particularly serious crime, but a large portion of the facts relied upon, applied to offenses for which she was not convicted; and 2) the IJ applied an incorrect legal standard to determine she was ineligible for CAT relief.

Appellate Information

• Argued 10/17/2006
• Decided 01/03/2007
• Published 01/03/2007

Judges

• Before DOROTHY W. NELSON, DAVID R. THOMPSON, and RICHARD A. PAEZ, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Antonio Salazar, Seattle, WA, for the petitioner.


• For Appellees:
  
• Peter D. Keisler, Emily Anne Radford, Molly L. Debusschere, U.S. Department of Justice, Washington, D.C., for the respondent.