Manor

MEMORANDUM *

Chen Manor petitions for review of the Board of Immigration Appeals’ (BIA) denial of his motion to reopen proceedings for adjustment of status. Manor also petitions for review of the BIA’s denial of his motion to reconsider the denial of the motion to reopen. The two petitions have been consolidated for review by this court.

The BIA denied Manor’s motion to reopen for adjustment of status because it was filed out of time. 8 C.F.R. § 3.2 . Manor concedes that the motion was untimely, but claims that the BIA should have exercised its discretionary power to reopen its proceedings sua sponte under 8 C.F.R. § 3.2 (a).

We lack jurisdiction to review the BIA’s denial of the motion to reopen because Manor failed to file his petition for review by this court within thirty days of the BIA’s decision. See Illegal Immigration Reform and Immigration Responsibility Act of 1996, Pub.L. 104-208, Div. C, 110 Stat. 3009 -546, § 309(c)(4)(C) (Sept. 30, 1996). Although we may entertain a late petition when the petitioner has been officially misled as to the time within which to file an appeal, Hernandez-Rivera v. INS, 630 F.2d 1352, 1354 (9th Cir.1980), there was no such deception in…