Enriquez-Quintana

MEMORANDUM ***

Jesus Armando Enriquez-Quintana, a native and citizen of Mexico, petitions for review of an order of the Board of Immigration Appeals (“BIA”) dismissing his appeal of an immigration judge’s (“IJ”) denial of his motion to reopen deportation proceedings. Because the transitional *173 rules apply, see Kalaw v. INS, 138 F.3d 1147, 1150 (9th Cir.1997), we have jurisdiction under 8 U.S.C. § 1105a(a). We review for abuse of discretion the denial of a motion to reopen and review de novo claims of due process violations. Rodriguez-Lariz v. INS, 282 F.3d 1218, 1222 (9th Cir.2002). We deny the petition for review.

A final administrative order granting Enriquez-Quintana voluntary departure in lieu of deportation was filed on July 6, 1994, and he filed his motion to reopen to apply for suspension of deportation on November 5, 1997. Accordingly, the BIA did not abuse its discretion by determining that the motion to reopen was untimely. See 8 C.F.R. § 3.23 (b)(1) (motion to reopen must be filed within 90 days of final order of deportation or by September 30,1996, whichever is later).

We lack jurisdiction to consider Enriquez-Quintana’s contention that the time for filing his…