Nicolas Pablo Calmo v. ROBERT M. WILKINSON, Acting Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
NICOLAS PABLO CALMO,
Petitioner,
v.
ROBERT M. WILKINSON, Acting
Attorney General,
Respondent.
No. 18-71905
Agency No. A089-299-998
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 20, 2021**
Before: McKEOWN, CALLAHAN, and BRESS, Circuit Judges.
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
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
JAN 28 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 18-71905
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.

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