Victoria-Munoz

MEMORANDUM **

Claudia Angelica Victoria-Munoz, a native and citizen of Mexico, petitions for review of a Board of Immigration Appeals order denying her motion to reopen removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen. De Martinez v. Ashcroft, 374 F.3d 759, 761 (9th Cir.2004) (as amended on denial of rehearing en banc). We deny in part and dismiss in part the petition for review.

The Board did not abuse its discretion in denying Victoria-Munoz’s motion to reopen because it was untimely and because it did not establish prima facie eligibility for relief. See 8 C.F.R. § 1003.2 (c) (setting forth 90-day period for filing motion to reopen); 8 U.S.C. § 1229c(d) (explaining that failure to voluntarily depart results in ten-year bar to certain forms of relief, including cancellation of removal); De Martinez v. Ashcroft, 374 F.3d at 763-64 (explaining that Board may properly deny motion to reopen filed after expiration of voluntary departure period). Contrary to Victoria-Munoz’s contention, the Board did not abuse its discretion in denying her unsupported claim for equitable tolling of the time…