Evaristo Quintanar-Olivera v. ERIC H. HOLDER, Jr., Attorney General

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
EVARISTO QUINTANAR-OLIVERA,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 10-70608
Agency No. A070-163-195
MEMORANDUM*
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
FILED
APR 20 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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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.

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