Navarro

MEMORANDUM **

Onesimo Navarro, a native and citizen of Pera, petitions this court for review of the Board of Immigration Appeals (BIA) decision denying his motion to reopen his asylum case. We have jurisdiction under 8 U.S.C. § 1005a, as modified by § 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 110 Stat. 3009 , 625 (1996). We review for abuse of discretion the BIA’s denial of a motion to reopen. Rodriguez-Lariz v. INS, 282 F.3d 1218, 1222 (9th Cir.2002). Because the BIA did not abuse its discretion in this case, we deny Mr. Navarro’s petition for review. As the parties are familiar with the factual and procedural history of this case, we will only recount it insofar as necessary to explain our decision.

Motions to reopen deportation proceedings must be filed within 90 days of the BIA’s decision. See 8 C.F.R. § 3.2 (c)(2) (2001). The BIA issued a decision affirming the Immigration Judge’s denial of Mr. Navarro’s asylum claim on June 12, 2000. Over a year later, on July 2, 2001, Mr. Navarro’s counsel filed a motion to reopen the case. Mr. Navarro argues that because of “exceptional circumstances,” namely, that notice of the BIA’s decision in his…