Castrejon-Telles

MEMORANDUM **

Rigoberto Castrejon-Telles, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen. Avagyan v. Holder, 646 F.3d 672, 674 (9th Cir.2011). We deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying Castrejon-Telles’ motion to reopen as untimely where the motion was filed more than twenty-one years after the BIA’s July 5, 1989, order affirming the immigration judge’s order of deportation, and Castrejon-Telles did not establish that an exception to the filing deadline applied. See 8 C.F.R. §§ 1003.2 (c)(2) (A motion to reopen “must be filed no later than 90 days after the date on which the final administrative decision was rendered in the proceeding sought to be reopened, or on or before September 30, 1996, whichever is later.”), 1003.2(c)(3) (providing exceptions).

To the extent the BIA also concluded that equitable tolling did not apply, the BIA did not abuse its discretion in denying the motion on the ground that…