Depasquale

MEMORANDUM *

Yong Im Depasquale petitions for review of her order of removal, arguing that her conviction under Haw.Rev.Stat. § 712-1203 for promoting prostitution in the second degree does not constitute an aggravated felony within the meaning of INA § 101(a)(43)(K), 8 U.S.C. § 1101 (a)(43)(K). We agree with Petitioner that, under the categorical approach, the Hawaii statute under which she was convicted defines prostitution more broadly than federal law. We therefore exercise jurisdiction over Depasquale’s petition for review and grant it, in part. Because the facts are known to the parties, we do not recite them in detail.

I.

We have jurisdiction to determine whether we have jurisdiction to consider Depasquale’s petition for review. Naka *582 moto v. Ashcroft, 363 F.3d 874 , 878 n. 4 (9th Cir.2004). We review this question de novo, Albillo-Figueroa v. INS, 221 F.3d 1070, 1072 (9th Cir.2000), and apply a categorical approach in making this determination. Randhawa v. Ashcroft, 298 F.3d 1148, 1152 (9th Cir.2002).

While the government is correct that the term “relates to” in INA § 101(a)(43)(K) has a broad, commonsense meaning, Albillo-Figueroa, 221 F.3d at 1073-74 , the…