Montano

MEMORANDUM ***

Herlinda Montano, a native and citizen of Mexico, petitions pro se for review of an order of the Board of Immigration Appeals (“BIA”) affirming without opinion an immigration judge’s (“IJ”) denial of her motion to reopen deportation proceedings. Because the transitional rules apply, see Kalaw v. INS, 133 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 Montano voluntary departure in lieu of deportation was filed on January 30, 1995, and she filed her motion to reopen on July 9, 2001. Accordingly, the IJ did not abuse his discretion by determining that Montano’s 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 reject Montano’s contention that the deadline for filing her motion to reopen should be equitably tolled. Having waited over six years to file…