Zouaoui

MEMORANDUM ****

Nassim Zouaoui, a former Muslim and a native and citizen of Algeria, petitions for review of the Board of Immigration Appeals’ (“BIA”) affirmance without opinion of the Immigration Judge’s (“IJ”) denial of his untimely motion to reopen deportation proceedings. We have jurisdiction pursuant to 8 U.S.C. § 1105a(a), and we deny the petition.

We lack jurisdiction to review Zouaoui’s claim that the IJ should have exercised sua sponte authority to reopen the deportation proceedings. See Ekimian v. INS, 303 F.3d 1153, 1159 (9th Cir.2002); Malty v. Ashcroft, 381 F.3d 942 , 945 n. 1 (9th Cir.2004).

The IJ did not abuse his discretion in finding Zouaoui’s motion to reopen untimely. A motion to reopen deportation proceedings must be filed no later than 90 days after the date on which the final administrative decision was rendered, unless the alien demonstrates “changed circumstances in the country of nationality or in the country to which deportation has *403 been ordered, if such evidence is material and was not available and could not have been discovered or presented at the previous hearing.” See 8 C.F.R. §§ 1003.2 (c)(2) & (3)(ii). Zouaoui filed a motion to reopen his…