Casteneda-Rivera

ORDER

The government’s petition for panel rehearing is granted.

The memorandum disposition filed on June 8, 2010, is withdrawn. A new memo randum disposition will be filed concurrently with this order.

Any petition for rehearing of the new memorandum disposition must be filed within 45 days.

MEMORANDUM

Jesus Casteneda-Rivera, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen proceedings to apply for adjustment of status. Our jurisdiction is governed by 8 U.S.C. § 1252 . We deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying Casteneda-Rivera’s motion as untimely where the motion was filed more than five months after the BIA’s final administrative order. See 8 C.F.R. § 1003.2 (c)(2); see Lara-Torres v. Ashcroft, 383 F.3d 968 , 972 (9th Cir.2004) (holding that BIA denials of motions to reopen are reviewed for abuse of discretion), amended by 404 F.3d 1105 (9th Cir. 2005).

We lack jurisdiction to review Castene-da-Rivera’s equitable tolling contention because he failed to exhaust this claim before the agency. See Barron v. Ashcroft, 358 F.3d…