Rosales-Picen

MEMORANDUM **

Idania Maybeli Rosales-Picen, a native and citizen of Guatemala, petitions for re *804 view of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen removal proceedings. To the extent we have jurisdiction, it is conferred 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), and we deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying Rosales-Picen’s motion to reopen as untimely because she did not file it within ninety days of the BIA’s final order of removal. See 8 C.F.R. § 1003.2 (c)(2); Azanor v. Ashcroft, 364 F.3d 1013, 1021-22 (9th Cir.2004).

Rosales-Picen’s due process challenges are unpersuasive because the record shows that she is aware of the civil penalties for any future failure to depart in accordance with 8 U.S.C. § 1324d(a). Further, Rosales-Picen had a full and fair opportunity to appeal the immigration judge’s decision to the BIA. Rosales-Picen’s “miscarriage of justice” argument is therefore unavailing because she has failed to show how the BIA erred in denying her motion to…