Appellate Case: 21-9506 Document: 010110825418 Date Filed: 03/13/2023 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT March 13, 2023 _________________________________ Christopher M. Wolpert Clerk of Court GERARDO CABALLERO-VEGA, Petitioner, v. No. 21-9506 (Petition for Review) MERRICK B. GARLAND, United States Attorney General, Respondent. _________________________________ ORDER AND JUDGMENT* _________________________________ Before HOLMES, Chief Judge, and EBEL and EID, Circuit Judges.** _________________________________ Gerardo Caballero-Vega,1 a Mexican citizen, entered the United States in 1993 without admission or parole by an immigration officer when he was eight years old. He was removed to Mexico in 2019. Shortly after his removal, Caballero-Vega * This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. ** After examining the briefs and appellate record, this panel has determined unanimously to honor the parties’ request for a decision on the briefs without oral argument. See Fed. R. App. P. 34(f); 10th Cir. R. 34.1(G). The case is therefore submitted without oral argument. 1 Caballero-Vega’s last name is often misspelled as “Cabellero-Vega” throughout this litigation, including in the caption on appeal. We use the correct spelling in this order and judgment and direct the Clerk’s Office to correct the case caption as well. Appellate Case: 21-9506 Document: 010110825418 Date Filed: 03/13/2023 Page: 2 returned to the United States and applied for asylum, withholding of removal, and protection under the Convention Against Torture. Later that year, the Immigration Judge (“IJ”) granted his application for asylum, which the Department of Homeland Security (“DHS”) appealed to the Board of Immigration Appeals (“the BIA”). In 2020, the BIA vacated the IJ’s decision for clear error and ordered Caballero-Vega’s removal to Mexico. The following year, Caballero-Vega filed a petition for review in this court. We reverse the BIA’s vacation of the IJ’s decision and remand the case for further review. I. Eight years after Caballero-Vega entered the United States, the San Francisco Immigration Court granted him the opportunity to depart the country voluntarily by 2005. However, Caballero-Vega remained in the United States, and the grant became a final order of removal. Caballero-Vega became a criminal informant for the San Mateo County District Attorney in 2012. He reported to law enforcement on the drug, firearm, and human trafficking conducted by Nuestra Familia, a California prison gang, as well as the Norteño Gang, Nuestra Familia’s “foot soldiers” in the streets. R. Vol. I at 143. Following his informant work, he testified against Nuestra Familia members in criminal court. Caballero-Vega was placed in a witness protection program during and after his testimony. In January 2019, following his arrest in Colorado, Caballero-Vega was taken into immigration custody and removed to Mexico. On the day of his arrival, eight 2 Appellate Case: 21-9506 Document: 010110825418 Date Filed: 03/13/2023 Page: 3 armed men dressed in military clothing bearing …
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