U.S. Court of Appeals for the Ninth Circuit, 2012

Evaristo Quintanar-Olivera v. Eric Holder, Jr.

Evaristo Quintanar-Olivera v. Eric Holder, Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided April 20, 2012 · Leavy, Paez, Bea
472 F. App'x 701

Evaristo Quintanar-Olivera v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Evaristo Quintanar-Olivera, a native and citizen of Mexico, petitions for review *702 of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) order of deportation. We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We deny the petition for review.

The agency properly deemed Quintanar-Olivera’s application for adjustment of status abandoned after he failed to file the application by the deadline set by the IJ. See 8 C.F.R. § 1003.31(c) (authorizing IJ to set filing deadlines and deem waived any application not filed by the deadline).

The IJ did not err by issuing a decision without a further hearing. Both the IJ and BIA granted Quintanar-Olivera’s request for voluntary departure, and there was no need for the IJ to rule on Quintanar-Olivera’s motion to suppress because it was relevant only to his eligibility for the abandoned application.

PETITION FOR REVIEW DENIED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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