Fuentes-Rojas

MEMORANDUM **

This is a petition for review from the Board of Immigration Appeals’ (“BIA”) *644 denial of an untimely motion to reopen a previous denial of an application for asylum, withholding of removal, and protection under the Convention Against Torture.

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(e)(7)(A), (C)(i); 8 C.F.R. § 1003.2 (c)(2). The BIA did not abuse its discretion in denying petitioner’s motion to reopen because it was filed beyond the 90-day deadline, and petitioner failed to demonstrate that an exception to the time limit on motions to reopen applies. Petitioner’s allegation of ineffective assistance of counsel as a basis for equitable tolling is without merit. See Singh v. Gonzales, 491 F.3d 1090 (9th Cir.2007); Iturribarria v. INS, 321 F.3d 889 (9th Cir.2003).

Accordingly, respondent’s motion for summary disposition is granted because the questions…