Taniguchi

Virginia Agustín Taniguchi appeals both the Board of Immigration Appeals’ denial of her motion to reopen as well as the District Court’s denial of Taniguchi’s habe-as corpus petition. The Immigration Judge ordered Taniguchi removed, and she did not appeal that decision, but subsequently filed a motion to reopen on the grounds that she is a United States citizen. However, because Taniguchi filed her motion more than 90 days following the date of the final administrative decision, the Immigration Judge dismissed her motion as untimely. The BIA affirmed the Immigration Judge’s ruling. She then filed a petition for review, which we dismiss for lack of jurisdiction.

Taniguchi also filed a petition for writ of habeas corpus alleging (1) that she is a United States citizen, (2) that the waiver provision of INA § 212(h), 8 U.S.C. § 1182 (h) violates equal protection, and (3) that her former attorney was ineffective. The District Court denied Taniguchi’s petition. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

I. BACKGROUND

A. Petition f'or Revieiu

Taniguchi, a native and citizen of the Philippines, was admitted to the United States as an immigrant in July…