Sandoval-Crespo

MEMORANDUM **

This is a petition for review of the Board of Immigration Appeals’ (“BIA”) order denying petitioner’s third motion to reopen removal proceedings and third motion to reconsider.

The petition for review was timely filed with this court. See 8 U.S.C. § 1252 (b)(1). Accordingly, the court’s September 30, 2008 order to show cause is discharged.

The motion to proceed in forma pauperis is granted. The Clerk shall amend the docket to reflect this status.

We review the BIA’s ruling on a motion to reopen and a motion to reconsider for abuse of discretion. Perez v. Mukasey, 516 F.3d 770, 773 (9th Cir.2008), Lara-Torres v. Ashcroft, 383 F.3d 968, 972 (9th Cir.2004).

An alien who is subject to a final order of removal is limited to filing one motion to reopen and one motion to reconsider. A motion to reopen must be filed within 90 days of the date of entry of a final order of removal, and a motion to reconsider must be filed within 30 days of the entry of the final order of removal. 8 U.S.C. § 1229a(e)(7)(A), (C)(i); 8 C.F.R. § 1003.2 (b)(2), (c)(2). Because petitioner’s motions were petitioner’s third such motions, and because the motions were filed beyond the deadlines,…