Ortiz-Lopez

MEMORANDUM **

This is a petition for review of the Board of Immigration Appeals’ (“BIA”) order denying petitioner’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). Because 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, the BIA did not abuse its discretion in denying petitioner’s untimely motion to reopen. See id.

Further, the Board did not abuse its discretion in denying petitioner’s motion to reopen on the merits because petitioner’s claim for United States citizenship fails to meet the legal requirements in place at the time of his birth. See e.g., Immigration and Nationality Act § 201(g) (1951) (former); Runnett v. Shultz, 901 F.2d 782, 783 (9th Cir.1990) (the applicable law for transmitting…