CALMA v. BARR (2019)

MEMORANDUM **

Eugene Romero Calma, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s removal order. We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law. Padilla-Martinez v. Holder, 770 F.3d 825, 830 (9th Cir. 2014). We grant the petition for review.

The agency ordered Calma removed for having committed an aggravated felony crime of violence as described in 18 U.S.C. § 16(b). However, the BIA did not have the benefit of the Supreme Court’s decision in Sessions v. Dimaya, ––– U.S. ––––, 138 S.Ct. 1204, 200 L.Ed.2d 549 (2018), holding that the definition of “crime of violence” at 18 U.S.C. § 16(b) is impermissibly vague. Accordingly, we remand to the BIA to consider Calma’s removability in light of Dimaya.

In light of this disposition, we do not address Calma’s remaining contentions regarding the length of his term of imprisonment.

PETITION FOR REVIEW GRANTED; REMANDED.