Rodriguez

MEMORANDUM **

Saul Aguilar Rodriguez and Rosalba Rodriguez, spouses and natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reopen. Our jurisdiction is governed by 8 U.S.C. § 1252 . Reviewing for abuse of discretion, Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003), we deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying petitioners’ motion to reopen because the motion was filed more than 16 months after the BIA’s April 6, 2006 order, see 8 C.F.R. § 1003.2 (c)(2) (motion to reopen generally must be filed within 90 days of final order), and petitioners failed to establish grounds for equitable tolling, see Iturribarria, 321 F.3d at 897 (equitable tolling is available when “a petitioner is prevented from filing because of deception, fraud, or error, as long as the petitioner acts with due diligence”).

We lack jurisdiction to review the BIA’s decision not to invoke its sua sponte authority to reopen proceedings. See Ekimian v. INS, 303 F.3d 1153, 1159 (9th Cir.2002).

*531 To the extent petitioners challenge the BIA’s April 6, 2006 order…