Torres-Refulio

MEMORANDUM *

Petitioner Eduardo Melquíades TorresRefulio, native and citizen of Peru, peti *718 tions for review of the Board of Immigration Appeals’ (“BIA”) denial of his motion to reopen as untimely. We deny the petition in part and dismiss it in part.

A motion to reopen must be filed within ninety days after the date of the BIA’s final decision. 8 C.F.R. § 1003.2 (c)(2). Generally, a party may only file one motion to reopen. Id. The motion to reopen at issue in this petition was Torres’s third, and it was filed over seven years after his order of removal. Accordingly, the BIA did not abuse its discretion in denying Torres’s motion on the ground that it was procedurally barred.

Torres argues that this court should apply equitable tolling because he received ineffective assistance of counsel from the attorney who filed his initial motion to reopen. Equitable tolling is available when a petitioner is the victim 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). We lack jurisdiction over this claim. A petitioner who argues ineffective assistance…