Orta-Flores

MEMORANDUM **

Alejandro Orta-Flores, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his second motion to reopen removal proceedings (No. 05-77102), and its subsequent denial of his motion to reconsider that decision (No. 06-70558). 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 or to reconsider. See Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002). We deny in part and dismiss in part the petitions for review.

The BIA denied Orta-Flores’ motion to reopen based on ineffective assistance of counsel on the grounds that it was numerically barred and untimely, and OrtaFlores failed to establish he was entitled to equitable tolling. The BIA later denied reconsideration on the basis that even with the benefit of equitable tolling, the motion to reopen was still untimely.

The BIA did not abuse its discretion in denying the motion to reopen or the motion to reconsider where the record shows Orta-Flores knew of the alleged ineffective assistance of counsel no later than Decem *572 ber 3, 2004, yet did not file a motion to reopen…