Dass

MEMORANDUM **

Jarnail Dass, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) denial of his motion to reopen removal proceedings due to ineffective assistance of counsel. We have jurisdiction pursuant to 8 U.S.C. § 1252 . Reviewing for abuse of discretion, Socop-Gonzalez v. INS, 272 F.3d 1176, *829 1187 (9th Cir.2001) (en banc), we deny the petition for review.

Equitable tolling of deadlines for motions to reopen applies “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 v. INS, 321 F.3d 889, 897 (9th Cir.2003). The sequence of events described in Dass’s affidavit supports the contention that “ignorance of the limitations period was caused by circumstances beyond his control,” Socop-Gonzalez, 272 F.3d at 1193 , until May 2003, the date Dass allegedly became aware that his appeal to the BIA had been unsuccessful.

Dass’s motion to reopen was not filed until March 2004, however, well beyond the 90-day filing period. See 8 C.F.R. § 1003.2 (c)(2). Dass has not satisfactorily…