Mengesha

MEMORANDUM **

Afework Mengesha and Abebech Sisay (“Petitioners”), husband and wife and natives and citizens of Ethiopia, petition for review of an order by the Board of Immi *778 gration Appeals (“BIA”) denying their motion to reconsider a prior order of the BIA summarily dismissing their appeal from an immigration judge’s order pursuant to 8 C.F.R. § 3.1 (d)(2)(i)(D). We have jurisdiction pursuant to 8 U.S.C. § 1252 (b) and grant the petition for review.

The BIA summarily dismissed the appeal on March 21, 2002, and Petitioners filed their petition for review on November 7, 2002, following the BIA’s October 11, 2002 denial of their motion to reconsider. Filing a motion to reconsider with the BIA does not toll the statutory time limit in which to appeal the underlying BIA order. Stone v. INS, 514 U.S. 386, 405-06 , 115 S.Ct. 1537 , 131 L.Ed.2d 465 (1995). Therefore, we lack jurisdiction to review the BIA’s underlying order dismissing Petitioner’s appeal because such review is time-barred. E.g., Martinez-Serrano v. INS, 94 F.3d 1256, 1258 (9th Cir.1996).

We review the BIA’s denial of a motion to reconsider for abuse of discretion. Mejia v. Ashcroft, 298 F.3d 873, 876 (9th…