Hernandez-Amaya

MEMORANDUM **

Carlos Hernandez-Amaya, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen based on ineffective assistance of counsel. 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 Hernandez-Amaya’s motion to reopen because the motion was filed more than two years after the BIA’s January 6, 2005, order dismissing the underlying appeal, see 8 C.F.R. § 1003.2 (c)(2), and Hernandez-Amaya failed to demonstrate that he acted with the due diligence required for equitable tolling, see Iturribama, 321 F.3d at 897 (equitable tolling available “when a petitioner is prevented from filing because of deception, fraud, or error, as long as the petitioner acts with due diligence”); see also Ghahremani v. Gonzales, 498 F.3d 993, 999 (9th Cir.2007) (limita *765 tions period may be tolled until petitioner “definitively learns” of counsel’s defectiveness).

We lack jurisdiction to review the BIA’s decision not to…