EUGENE ROMERO CALMA, AKA Eugene Calama, AKA Edison Romero Calma, AKA Edison Romero v. WILLIAM P. BARR, Attorney General

15-70020Court of Appeals for the Ninth CircuitApr 23, 2019

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NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
EUGENE ROMERO CALMA, AKA
Eugene Calama, AKA Edison Romero
Calma, AKA Edison Romero,
Petitioner,
v.
WILLIAM P. BARR, Attorney General,
Respondent.
No. 15-70020
Agency No. A047-511-604
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 17, 2019**
Before: McKEOWN, BYBEE, and OWENS, Circuit Judges.
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.
* 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
APR 23 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 15-70020
§ 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, 138 S.
Ct. 1204 (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.

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