FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT January 29, 2020 _________________________________ Christopher M. Wolpert Clerk of Court NAWEEN KISHORE TAMSANG, Petitioner, v. No. 19-9538 (Petition for Review) WILLIAM P. BARR, United States Attorney General, Respondent. _________________________________ ORDER AND JUDGMENT* _________________________________ Before MATHESON, KELLY, and PHILLIPS, Circuit Judges. _________________________________ Naween Kishore Tamsang, a native and citizen of Nepal appearing pro se, has filed a petition for review of a decision of the Board of Immigration Appeals (BIA) upholding an Immigration Judge’s (IJ) denial of asylum, withholding of removal, and relief under the United Nations Convention Against Torture (CAT). We dismiss the petition in part for lack of jurisdiction and deny the remainder of the petition by virtue of our jurisdiction under 8 U.S.C. § 1252(a)(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. This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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. I. Background Tamsang entered the United States on a temporary visa but remained in the country beyond his allotted time. He then pleaded guilty to one count of indecent exposure, third or subsequent offense, in violation of Colorado law.1 Soon after, the Department of Homeland Security served him with a notice to appear in removal proceedings, charging him with removability for overstaying his temporary visa, see 8 U.S.C. § 1227(a)(1)(B), and as an alien who had been convicted of a crime involving moral turpitude, see id. § 1227(a)(2)(A). At his initial hearing before the IJ, Tamsang requested a continuance so he could find an attorney. The IJ granted his request. Tamsang next appeared before the IJ with counsel, who requested a continuance to prepare. The IJ granted that request, too. At the next hearing, Tamsang, through counsel, conceded removability as charged and filed an application for asylum and withholding of removal based on religion (Christian), political opinion, and membership in a particular social group. He also sought CAT relief. In support, he submitted a written declaration and a variety of documentary evidence. The IJ set the matter for a merits hearing. After Tamsang’s attorney withdrew due to a conflict of interest, Tamsang appeared at the merits hearing and requested a continuance to obtain counsel and additional supporting documents. The IJ granted the motion but explained there 1 Tamsang was originally charged with internet luring of a child, internet sexual exploitation of a child, and criminal attempt to commit sexual assault on a child, all in violation of Colorado law. 2 would be no further delays and Tamsang should be ready for a merits hearing set for several weeks ...
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