Interesting (in a bad way) 10th Circuit case

The 10th Circuit just published a case which can be found at Purba v. Holder where it held a removal order is final despite the fact that the BIA remanded to the IJ regarding voluntary departure.  Petitioner waited for the final ruling by IJ before filing the Petition for Review.  The Circuit said it had no jurisdiction.  What would happen if the BIA denied an adjustment and remanded to the IJ for consideration of a CAT application that had not previously been reached?  Should respondent wait until the end, or file with the Circuit despite the ongoing litigation?