Ragucci

MEMORANDUM **

Claudio Ragucci, a native and citizen of Italy, petitions for review of two orders of *540 the Board of Immigration Appeals (“BIA”), which dismissed his appeal from an immigration judge’s removal order and denied his motion to reopen. We have jurisdiction under 8 U.S.C. § 1252 , Aguiluz-Arellano v. Gonzales, 446 F.3d 980, 982 (9th Cir.2006), and deny the petitions for review.

Ragueci pled guilty to a California controlled substance offense in 1997. This conviction was considered by the immigration judge in the removal order. On March 15, 2004, the BIA dismissed Ragucci’s appeal. On April 2, 2004, California authorities expunged Ragucci’s conviction. Ragucci’s motion to reopen was not filed until March 28, 2005. The BIA’s March 15, 2004 order did not violate Ragucci’s equal protection or due process rights, because the BIA did not have any evidence of the expungement before it. See Chavez-Perez v. Ashcroft, 386 F.3d 1284, 1291-92 (9th Cir.2004). Unlike the petitioner in Cardenas-Uriarte v. INS, 227 F.3d 1132, 1135 (9th Cir.2000), Ragucci did not file a timely motion bringing the expungement to the BIA’s attention. The BIA therefore had no opportunity to apply…