Opinion
No. 18-71905
01-28-2021
NICOLAS PABLO CALMO, Petitioner, v. ROBERT M. WILKINSON, Acting Attorney General, Respondent.
NOT FOR PUBLICATION
Agency No. A089-299-998 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Before: McKEOWN, CALLAHAN, and BRESS, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Nicolas Pablo Calmo, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals' order dismissing his appeal from an immigration judge's decision finding him removable and denying his application for asylum, withholding of removal, and relief under the Convention Against Torture. We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law. Cerezo v. Mukasey, 512 F.3d 1163, 1166 (9th Cir. 2008). We grant the petition and vacate the removal order.
Pablo Calmo was charged with removability based on his conviction under California Penal Code § 32. Our decision in Valenzuela Gallardo v. Barr, 968 F.3d 1053, 1069 (9th Cir. 2020), clarifies that "California Penal Code § 32 is not a categorical match with obstruction of justice under [Immigration and Nationality Act] § 101(a)(43)(S) . . . ." Thus, the sole charge of removability against Pablo Calmo cannot be sustained.
PETITION FOR REVIEW GRANTED; VACATED.