Fajardo-Hernandez

MEMORANDUM **

Luz Fanny Fajardo-Hernandez, a native and citizen of Colombia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order summarily affirming an immigration judge’s (“IJ”) order denying as abandoned her applications for relief. Our jurisdiction is governed by 8 U.S.C. § 1252 . Rusz v. Ashcroft, 376 F.3d 1182, 1185 (9th Cir.2004). We review de novo questions of law, Martinez-Garcia v. Ashcroft, 366 F.3d 732, 733 (9th Cir.2004), and we deny in part and dismiss in part the petition for review.

Fajardo-Hernandez’s applications for cancellation of removal and relief under former § 212(c) were properly deemed abandoned because her attorney failed to file the applications by the deadline set by the IJ. See 8 C.F.R. § 1003.31 (c) (authorizing IJs to set filing deadlines and stating that an application not filed by the deadline “shall be deemed waived”). Matter of R-R, 20 I. & N. Dec. 547 (BIA 1992), which involved a motion to reopen for asylum, is not to the contrary.

We lack jurisdiction to review FajardoHernandez’s claim of ineffective assistance of counsel because she failed to raise that issue before the BIA. See Ontiveros-Lopez v. INS, 213 F.3d 1121,…