Chow

MEMORANDUM

Kwok Cheung Chow petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252 .

On July 16, 2002, an immigration judge determined that Chow was subject to removal based upon Chow’s admissions and his record of convictions. The immigration judge found that the only relief for which Chow was eligible was deferral of removal under the Convention against Torture (“CAT”). Chow declined to file the required application for CAT relief. On February 14, 2008, the BIA dismissed Chow’s appeal from the immigration judge’s decision.

On May 16, 2005 — more than two years later — Chow filed a motion to reopen the proceedings. Because a party must move to reopen deportation proceedings within 90 days of the final administrative proceeding, Chow’s motion is time-barred. 8 C.F.R. 1003.2(c)(2). Nonetheless, Chow argues that the time limit to file a motion to reopen should be equitably tolled because his due process rights were violated at the removal proceedings. This argument is presented for the first time on appeal and we do not have jurisdiction to consider it. See Barron v.…