Manoukian

MEMORANDUM **

Artaches Manoukian, a Russian citizen of Armenian descent, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen deportation proceedings, in which he alleged ineffective assistance of prior counsel. Because this petition is governed by the transitional rules of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, we have jurisdiction under 8 U.S.C. § 1105a. See Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003). We review for abuse of discretion, see id., and we deny the petition for review.

Petitioner filed his current motion to reopen on September 30, 2002, more than 90 days after the BIA’s February 27, 2002 decision dismissing his appeal. See 8 C.F.R. § 3.2 (c)(2) (now codified at 8 C.F.R. § 1003.2 (c)(2)) (a party’s motion to reopen must be filed within 90 days of the date of the final administrative decision). The limitations period for filing a motion to reopen may be tolled “during periods when a petitioner is prevented from filing because of deception, fraud, or error, as long as the petitioner acts with due diligence in discovering the deception, fraud, or error.” Iturribarria,…