Lopez-Santacruz

MEMORANDUM ****

Felix Lopez-Santacruz petitions for review of the BIA’s denial of his motion to reopen his removal proceedings. In an order dated July 25, 2003, the BIA denied the motion as untimely. The government argues that we lack jurisdiction to review the BIA’s decision pursuant to 8 U.S.C. § 1252 (a)(2)(C). However, the Real ID Act of 2005, Pub.L. No. 109-13, 119 Stat. 231, “repealed all jurisdictional bars to our direct review of final removal orders other than those remaining in 8 U.S.C. § 1252 (in provisions other than (a)(2)(B) or (C)).” Fernandez-Ruiz v. Gonzales, 410 F.3d 585 (9th Cir.2005).

We affirm the BIA’s denial of the motion to reopen as untimely. A motion to reopen must be filed within 90 days of date of the BIA decision. 8 C.F.R. § 1003.2 (c)(2). The BIA issued its decision on April 18, 2002. In order to be timely a motion to reopen should have been filed no later than July 17, 2002. Lopez-Santacruz filed his motion one day late, on July 18, 2002.

Lopez-Santacruz argues the filing period should be equitably tolled because his then-counsel did not inform him of the BIA decision until May 24, 2002, more than a month after it issued. “This court ...…