Ehigie

MEMORANDUM **

Camillus Ehigie, a native and citizen of Nigeria, petitions for review of the Board of Immigration Appeals’ (“BIA”) orders dismissing his appeal from an immigration judge’s (“D”) decision denying his motion to reopen and reconsider (No. 04-75364), and denying his motion to recalendar (No. 06-72131). We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for abuse of discretion the denial of motions to reopen and reconsider, Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002), and we deny the petitions for review.

The agency did not abuse its discretion in denying Ehigie’s motion to reopen and reconsider because the IJ properly deemed his application for cancellation *932 of removal abandoned. See 8 C.F.R. § 1003.31 (c) (authorizing IJs to set filing deadlines and stating that an application not filed by the deadline “shall be deemed waived”). Accordingly, the agency did not violate Ehigie’s due process rights. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir.2000) (requiring error for a due process violation).

We lack jurisdiction to consider Ehigie’s contention that the contract attorney hired to file the application provided him with ineffective assistance,…