Mena

MEMORANDUM **

Carlos A. Mena, a native and citizen of Peru, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings and reconsider its prior order affirming, without opinion, an immigration judge’s (“IJ”) decision denying his application for cancellation of removal. We review for abuse of discretion the denial of motions to reopen and reconsider. See Lara-Torres v. Ashcroft, 383 F.3d 968, 972 (9th Cir.2004), amended by 404 F.3d 1105 (9th Cir.2005). We deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying Mena’s motion as untimely because it was filed almost two years after the BIA issued its final order of removal. See 8 U.S.C. § 1229a(c)(7)(C)(i)(requiring that motions to reopen be filed within 90 days of the final administrative order of removal); 8 U.S.C. § 1229a(c)(6)(B) (requiring that motions to reconsider be filed within 30 days of the final administrative order of removal).

The BIA did not abuse its discretion or deny Mena due process by not applying equitable tolling, because Mena did not explain how he was prevented from complying with the filing…