Nancy Arabillas Morales v. Alberto R. Gonzales, Attorney General

ORDER AMENDING OPINION AND AMENDED OPINION

ORDER

The Respondent’s Motion to Amend Decision, which motion was filed February 14, 2007, is granted in part.

The first sentence of the first paragraph of Section II.A.2 of the Opinion filed January 3, 2007, and published at 472 F.3d 689, 695 (9th Cir.2007), is amended by deleting therefrom the following language:

The following sentence is inserted in place of the deleted sentence:

OPINION

Nancy Arabillas Morales, a.k.a. Juan Manuel Arabillas Morales, a male-to-female transsexual, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision summarily affirming an Immigration Judge’s (“IJ”) removal order and denial of her applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”).

The IJ concluded that Morales was removable both because she was an alien present in the United States without admission or parole and because she had been convicted of a crime involving moral turpitude — communication with a minor for immoral purposes under section 9.68A.090 of the Revised Code of Washington. The IJ further found Morales would have been eligible for asylum but for her…