Farshidian

MEMORANDUM

Dariush Farshidian, a native and citizen of Iran, petitions for review of the Board of Immigration Appeals’ (“BIA”) order affirming the denial of his motion to reopen. Farshidian ultimately seeks relief under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252. Reviewing for abuse of discretion the denial of a motion to reopen, Bhasin v. Gonzales, 423 F.3d 977, 983 (9th Cir.2005), we deny the petition for review.

Because Farshidian’s final order of removal was entered on May 22, 1997, he was eligible to apply for relief under CAT within the 90-day window that ended on June 21, 1999. Farshidian, however, did not file his motion to reopen until February 3, 2000. The record established that Farshidian was housed at the Kern County Jail during the 90-day filing window and lacked access to a law library where he might have learned about his eligibility for relief under CAT. On August 2, 1999, Far-shidian was transferred to the San Pedro Detention Facility (“San Pedro”) where he had intermittent access to that facility’s law library. Farshidian claims that, despite his diligence, he did not find any information about CAT or the 90-day…