Appellate Case: 22-9534 Document: 010110834562 Date Filed: 03/29/2023 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT March 29, 2023 _________________________________ Christopher M. Wolpert Clerk of Court ANA ABIGAIL SOSA-TALAVERA, Petitioner, v. No. 22-9534 (Petition for Review) MERRICK B. GARLAND, United States Attorney General, Respondent. _________________________________ ORDER AND JUDGMENT* _________________________________ Before HARTZ, KELLY, and BACHARACH, Circuit Judges. _________________________________ Ana Abigail Sosa-Talavera petitions for review of a decision by the Board of Immigration Appeals (BIA). She argues the BIA applied the wrong burden of proof and provided an inadequate explanation in denying a remand to the Immigration Judge (IJ) for further proceedings regarding her request for post-conclusion voluntary departure. Because we lack jurisdiction to review the issues she raises, we dismiss her petition for review. * 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 This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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. Appellate Case: 22-9534 Document: 010110834562 Date Filed: 03/29/2023 Page: 2 I. Background Ms. Sosa-Talavera is a native and citizen of Honduras. She illegally entered the United States on August 22, 2014, and was served with a notice to appear (NOA) the following day. After conceding the basis for removal, she applied for asylum, withholding of removal, protection under the Convention Against Torture, and post-conclusion voluntary departure under 8 U.S.C. § 1229c(b). Her petition for review addresses only the denial of voluntary departure. Under § 1229c(b)(1), an alien may be permitted to depart the United States voluntarily at her own expense if, at the conclusion of a proceeding under 8 U.S.C. § 1229a, the IJ grants voluntary departure in lieu of removal and makes the following four findings: (A) the alien has been physically present in the United States for a period of at least one year immediately preceding the date the notice to appear was served under section 1229(a) . . . ; (B) the alien is, and has been, a person of good moral character for at least 5 years immediately preceding the alien’s application for voluntary departure; (C) the alien is not deportable under [8 U.S.C. §§] 1227(a)(2)(A)(iii) or . . . 1227(a)(4) . . .1; and (D) the alien has established by clear and convincing evidence that the alien has the means to depart the United States and intends to do so. Id. 1 The referenced statutory sections provide for removal based upon an aggravated felony, see § 1227(a)(2)(A)(iii), or based upon security or related grounds, see § 1227(a)(4). 2 Appellate Case: 22-9534 Document: 010110834562 Date Filed: 03/29/2023 Page: 3 At her merits hearing before …
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