Beltran-Hernandez

MEMORANDUM **

Filiberto Beltran-Hernandez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying as untimely his motion to reopen removal proceedings. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen. See Socop-Gonzalez v. INS, 272 F.3d 1176, 1187 (9th Cir.2001) (en banc). We review de novo claims of due process violations in removal proceedings. See Sanchez-Cruz v. INS, 255 F.3d 775, 779 (9th Cir.2001). We deny the petition for review.

The BIA acted within its discretion in denying Beltran-Hernandez’s motion to reopen, filed two days after the deadline, because he failed to show he was prevented from timely filing the motion. See Iturribarria v. INS, 321 F.3d 889, 898-99 (9th Cir.2003). Even if Beltran-Hernandez’s prior counsel was tardy in informing Beltran-Hernandez of the BIA’s December 18, 2003 decision to dismiss his appeal from an immigration judge’s order denying cancellation, Beltran-Hernandez still had two months after learning of the decision to file a timely motion to reopen. See 8 C.F.R. § 1003.2 (c)(2) (motion to reopen must be filed within…