Ordonez-Velasquez

MEMORANDUM ***

Osfredi Vidal Ordonez-Velasquez, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to *975 reopen removal proceedings. We have partial jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen, de Martinez v. Ashcroft, 374 F.3d 759, 761 (9th Cir.2004), and we deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying Ordonez-Velasquez’s motion to reopen as untimely because he did not file it within ninety days of the BIA’s final order of removal. See 8 C.F.R. § 1003.2 (c)(2); Azanor v. Ashcroft, 364 F.3d 1013, 1021-22 (9th Cir.2004).

The BIA also acted within its discretion in denying the motion to reopen because Ordonez-Velasquez’s failure to depart during his voluntary departure period rendered him ineligible to adjust his status. See de Martinez, 374 F.3d at 764 (holding that BIA did not err in denying motion to reopen that was filed after expiration of alien’s voluntary departure period because alien had failed to depart). We reject Ordonez-Velasquez’s contention that his pending 1-140…