Manea

MEMORANDUM **

This is a petition for review of the Board of Immigration Appeals’ (“BIA”) order denying petitioner Mircea Manea’s motion to reopen removal proceedings.

We review the BIA’s ruling on a motion to reopen for abuse of discretion. Perez v. Mukasey, 516 F.3d 770, 773 (9th Cir.2008).

An alien who is subject to a final order of removal is limited to filing one motion to reopen removal proceedings, and that motion must be filed within 90 days of the date of entry of a final order of removal. 8 U.S.C. § 1229a(c)(7)(A), (C)(i); 8 C.F.R. § 1003.2 (c)(2). Petitioner’s motion to reopen was filed beyond the 90-day deadline and petitioner has not contended that any exceptions to this time limit apply. Manea’s sole contention, that he is eligible for relief under former § 212(c), is foreclosed by Armendariz-Montoya v. Sonchik, 291 F.3d 1116, 1121-22 (9th Cir.2002) (holding that aliens who “pleaded not guilty and elected a jury trial ... [are] barred from seeking § 212(c) relief’). See also Sara-via-Paguada v. Gonzales, 488 F.3d 1122, 1131-34 (9th Cir.2007). Accordingly, the BIA did not abuse its discretion in denying petitioner’s untimely motion to reopen. See Perez v. Mukasey,…