Raul Esteban Rubio v. MERRICK B. GARLAND, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
RAUL ESTEBAN RUBIO,
Petitioner,
v.
MERRICK B. GARLAND, Attorney
General,
Respondent.
No. 18-73138
Agency No. A097-577-845
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 21, 2021**
Before: SILVERMAN, WATFORD, and BENNETT, Circuit Judges.
Raul Esteban Rubio, a native and citizen of Mexico, petitions for review of
the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an
immigration judge’s decision finding him removable and denying his motion to
terminate. We have jurisdiction under 8 U.S.C. § 1252. We review de novo
* 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
JUL 1 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 18-73138
questions of law. Cerezo v. Mukasey, 512 F.3d 1163, 1166 (9th Cir. 2008). We
grant the petition for review and remand.
Rubio was charged with removability based on his conviction under Nevada
Revised Statutes (“NRS”) § 195.030. The agency sustained the charge, determined
the conviction was an aggravated felony offense related to obstruction of justice,
and ordered Rubio removed. Our recent decision, Valenzuela Gallardo v. Barr,
968 F.3d 1053, 1069 (9th Cir. 2020), held that “California Penal Code [(“CPC”)]
§ 32 is not a categorical match with obstruction of justice under [Immigration and
Nationality Act] § 101(a)(43)(S) because California’s statute encompasses
interference with proceedings or investigations that are not pending or ongoing.”
The text of NRS § 195.030 proscribes conduct analogous to that at issue in CPC
§ 32. Thus, the sole charge of removability against Rubio cannot be sustained.
We remand to the agency for further proceedings consistent with this order.
See Andia v. Ashcroft, 359 F.3d 1181, 1184 (9th Cir. 2004) (“In reviewing the
decision of the BIA, we consider only the grounds relied upon by that agency. If
we conclude that the BIA’s decision cannot be sustained upon its reasoning, we
must remand to allow the agency to decide any issues remaining in the case.”).
The parties shall bear their own costs on appeal.
PETITION FOR REVIEW GRANTED; REMANDED.

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