FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT March 24, 2020 _________________________________ Christopher M. Wolpert Clerk of Court HUGO ANTONIO ROMERO, Petitioner, v. No. 19-9527 (Petition for Review) WILLIAM P. BARR, United States Attorney General, Respondent. _________________________________ ORDER AND JUDGMENT * _________________________________ Before LUCERO, McHUGH, and MORITZ, Circuit Judges. _________________________________ Hugo Romero, a native and citizen of El Salvador, seeks review of the Board of Immigration Appeals’ (“BIA”) decision upholding the immigration judge’s (“IJ”) denial of his application for cancellation of removal. We dismiss the petition for lack of jurisdiction. * 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 This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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 Romero was paroled into the United States in 2002 for the purpose of resuming Temporary Protected Status (“TPS”). In 2008, police responded to an incident between Romero and his partner, Juana Martinez. According to the police report, Martinez told them that Romero hit her in the face with his hand and the officers observed she had a swollen lip that appeared to have bled slightly. She also demonstrated how Romero slapped her face with the back of his hand. For his part, Romero told the officers that the incident was a “problema con mi[] familia,” and demonstrated hitting Martinez with an open hand. When asked, in English, whether he struck Martinez, Romero said “Si,” and repeated his previous demonstration of an open-handed blow. Romero was arrested and charged with two counts of domestic violence. He eventually pled guilty to disorderly conduct and the domestic violence charges were dismissed. In 2009, Romero’s TPS status was withdrawn, causing the Department of Homeland Security (“DHS”) to charge Romero with removability. To support the charge, DHS submitted evidence regarding Romero’s criminal history that included the 2008 police report. Romero admitted the charge and requested discretionary relief in the form of cancellation of removal under 8 U.S.C. § 1229b(b)(1). The IJ gave Romero a form with instructions to get fingerprinted and warned that failure to follow the instructions would result in denial of his application. At the merits hearing in 2013, DHS informed the IJ that there were no results because Romero failed to submit himself for fingerprints until the previous day. The 2 IJ denied Romero’s application because he failed to show good cause for not complying with the order for fingerprinting. Romero appealed. While the appeal was pending, the BIA published a decision holding that an IJ must specify the time for biometrics compliance. As a result, the BIA remanded Romero’s case because the IJ ...
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