FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT October 26, 2020 _________________________________ Christopher M. Wolpert Clerk of Court IVAN GERARDO ZAMARRIPA- CASTANEDA, Petitioner, v. No. 19-9565 (Petition for Review) WILLIAM P. BARR, United States Attorney General, Respondent. _________________________________ ORDER AND JUDGMENT* _________________________________ Before TYMKOVICH, Chief Judge, HOLMES and MORITZ, Circuit Judges. _________________________________ Ivan Gerardo Zamarripa-Castaneda petitions for review of a final order of removal and an order denying his motion to remand. We deny the petition. I. Background Zamarripa-Castaneda is a Mexican citizen. He entered the United States through Texas in January 2015 as a nonimmigrant visitor with a valid Border * 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 This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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. Crossing Card. He traveled to Colorado and, in November 2015, married a United States citizen. In March 2018, he was involved in an automobile accident with a semi-truck in Denver. According to the police report, Zamarripa-Castaneda tried to merge onto an interstate highway and collided with the truck, which crashed and caught fire, killing its driver. As multiple eyewitnesses reported, Zamarripa- Castaneda fled the scene on foot. He soon called police and reported that his truck had been stolen at gunpoint. Police found him at his home a couple of hours after the accident. They observed that he smelled of alcohol and had slurred speech, unsteady balance, and watery eyes. He told the officers that his car had been stolen, but he eventually admitted his involvement in the accident. He submitted to breathalyzer and blood-alcohol tests, which showed that his blood-alcohol content was 0.121. He was arrested and charged under Colorado law with vehicular homicide-DUI and leaving the scene of an accident causing death. Shortly thereafter, Zamarripa-Castaneda was served with a notice to appear. The notice charged him with removability under 8 U.S.C. § 1227(a)(1)(C)(i) as an alien who failed to comply with the conditions of the nonimmigrant status under which he was admitted.1 Before an immigration judge (IJ), Zamarripa-Castaneda conceded removability as charged and indicated he would seek adjustment of status 1 The government alleged that Zamarripa-Castaneda’s Border Crossing Card allowed him to visit only within 25 miles of the U.S.-Mexico border and that he travelled farther than that without an immigration officer’s permission. See Admin. R., Vol. 2 at 929, 981. 2 based on an I-130 immigrant petition his wife filed. The parties stipulated that he was statutorily eligible for adjustment of status under 8 U.S.C. § 1255(a), so the only issue remaining at the final hearing was whether he ...
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