UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-2299
OMAR M. RUIZ ACOSTA,
Petitioner,
v.
ERIC H. HOLDER, JR., Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals.
Submitted: June 15, 2010 Decided: July 2, 2010
Before MOTZ, DUNCAN, and AGEE, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Arnedo S. Valera, LAW OFFICES OF VALERA & ASSOCIATES, Fairfax,
Virginia, for Petitioner. Tony West, Assistant Attorney General,
Ada E. Bosque, Senior Litigation Counsel, Matthew A. Spurlock,
Office of Immigration Litigation, UNITED STATES DEPARTMENT OF
JUSTICE, Washington, D.C., for Respondent.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Omar M. Ruiz Acosta, a native and citizen of El
Salvador, seeks review of an order of the Board of Immigration
Appeals affirming without opinion the Immigration Judge’s (IJ)
decision denying relief from removal. Acosta asserts that the
IJ erred and violated his right to due process in pretermitting
his application for cancellation of removal. We have reviewed
these claims and the administrative record and conclude that
they are without merit. See 8 U.S.C. § 1229b(d)(1) (2006).
Next, Acosta contends that the IJ erred in finding that Acosta
abandoned the potential relief of voluntary departure. Our
review discloses that Acosta failed to meet a specific deadline
set by the IJ for identifying the relief sought. Accordingly,
the IJ properly exercised his discretion in finding the
application waived. See 8 C.F.R. § 1003.31(c) (2010).
We accordingly deny the petition for review. We
dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.
PETITION DENIED
2