Hernandez

MEMORANDUM **

Ursulo H. Hernandez, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals’ *721 (“BIA”) order dismissing his appeal from the Immigration Judge’s (“IJ”) order denying his motion to reopen deportation proceedings. We have jurisdiction under 8 U.S.C. § 1252 . We review for an abuse of discretion, see Lara-Torres v. Ashcroft, 383 F.3d 968, 972 (9th Cir.2004), amended by 404 F.3d 1105 (9th Cir.2005), and we deny the petition for review.

We lack jurisdiction to review the IJ’s August 28, 1996 order denying Hernandez’s applications for asylum, withholding of deportation, and voluntary departure because he did not appeal that order to the BIA, thereby failing to exhaust his administrative remedies. See Vargas v. U.S. Dept. of Immigration and Naturalization, 831 F.2d 906, 907-08 (9th Cir. 1987).

The BIA did not abuse its discretion in denying Hernandez’s motion to reopen as untimely because he did not file it until eight years after the IJ’s order, see 8 C.F.R. § 1003.23 (b)(1), and did not show he was entitled to equitable tolling of the ninety-day time limit. See Iturribarria v. INS, 321 F.3d 889, 898 (9th Cir.2003) (stating…