Morales

facts the IJ relied upon, however, applied to offenses for which Morales had not been convicted. Therefore, we remand to the BIA with instructions to remand to the IJ for a redeter- mination of the “particularly serious crime” issue.

We also conclude the IJ applied an incorrect legal standard to Morales’s application for CAT relief, and we remand for a redetermination of that issue as well.

I. BACKGROUND

Nancy Arabillas Morales was born Juan Manuel Arabillas Morales on June 24, 1968. She began using the name Nancy when she was fourteen years old because she always felt that she was more of a female than a male.

At the age of fifteen, Morales began working at a bar and dressing as a woman. Around the same time, Morales moved out of her family’s home because her father beat her and would not allow her to dress as a woman. At the administra- tive hearing, Morales testified that at the age of eight she was raped by her brother, and when she began working at the bar, she was raped by one of her customers. Morales was arrested twice and jailed for being a minor working in a bar. She was raped by several men in jail, and her cries were ignored by the prison officials. Morales also…