EVARISTO QUINTANAR-OLIVERA V. ERIC HOLDER, JR., No. 10-70608 (9th Cir. 2012)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS APR 20 2012 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT EVARISTO QUINTANAR-OLIVERA, Petitioner, No. 10-70608 Agency No. A070-163-195 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted April 17, 2012 ** Before: LEAVY, PAEZ, and BEA, Circuit Judges. Evaristo Quintanar-Olivera, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals ( BIA ) order dismissing his appeal from an immigration judge s ( IJ ) order of deportation. We have jurisdiction * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 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. 2 10-70608

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