Singh

MEMORANDUM **

Ravinder Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen proceedings on grounds of ineffective assistance of counsel, and the BIA’s order denying his motion to reconsider the denial of reopening. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the BIA’s denial of motions to reopen and to reconsider, Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002), and we deny the petitions for review.

The BIA did not abuse its discretion when it denied Singh’s motion to reopen because he failed to offer any explanation why he did not raise an ineffective assistance claim at an earlier stage in the proceedings or why equitable tolling should apply. Cf. Iturribarria v. INS, 321 F.3d 889, 898-99 (9th Cir.2003). Even assuming, arguendo, that only upon the receipt of this court’s prior memorandum disposition was Singh alerted to the possible existence of multiple layers of ineffective assistance, he did not file a motion to reopen until another four and a half months had elapsed, and offered no explanation for this delay. See 8 C.F.R. § 1003.2 (e)(2) (setting…