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Calmo v. Wilkinson

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Jan 28, 2021
No. 18-71905 (9th Cir. Jan. 28, 2021)

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NOT FOR PUBLICATION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.


Summaries of

Calmo v. Wilkinson

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Jan 28, 2021
No. 18-71905 (9th Cir. Jan. 28, 2021)
Case details for

Calmo v. Wilkinson

Case Details

Full title:NICOLAS PABLO CALMO, Petitioner, v. ROBERT M. WILKINSON, Acting Attorney…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Jan 28, 2021

Citations

No. 18-71905 (9th Cir. Jan. 28, 2021)