Reyes

Pedro Vilarde Reyes petitions for review of a Board of Immigration Appeals (Board) order denying his motion to reopen deportation proceedings. Reyes argues that the Board abused its discretion because his *1128 motion to reopen substantially complied with the Board’s threshold procedural requirements outlined in Matter of Lozada, 19 I. & N. Dec. 637 (BIA 1988). We have jurisdiction to review the Board’s decision pursuant to 8 U.S.C. § 1252 (b). Monjar-az-Munoz v. INS, 327 F.3d 892, 894 (9th Cir.2003). We conclude that the Board did not abuse its discretion, and we deny Reyes’s petition for review.

I.

Reyes, a native and citizen of the Philippines, entered the United States on a non-immigrant visa on February 5, 1990. He remained in the United States after his visa’s May 30, 1990, deadline, and a notice to appear issued more than eight years later on September 24, 1998. The notice charged Reyes with being subject to removal pursuant to section 237(a)(1)(B) of the Immigration and Naturalization Act (INA), 8 U.S.C. § 1227 (a)(1)(B), because he remained in the United States beyond his visa’s expiration. Reyes responded by filing an asylum application, alleging that he would more…