Rioquinto

MEMORANDUM **

Diana Penaloza Rioquinto seeks review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reconsider and reopen removal proceedings. To the extent we have jurisdiction it is conferred by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of mo *736 tions to reopen or to reconsider. Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002). We deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying Penaloza Rioquinto’s motion to reopen as untimely because it was filed more than ten months after the BIA’s final order of removal, see 8 U.S.C. § 1229a(e)(7)(C)(i) (motion to reopen must be filed within ninety days of final order of removal), and Penaloza Rioquinto did not show she was entitled to equitable tolling, see Iturribarria v. INS, 321 F.3d 889, 897 (9th Cir.2003) (deadline for filing motion to reopen can be equitably tolled “when petitioner is prevented from filing because of deception, fraud, or error, as long as the petitioner acts with due diligence.”).

In Penaloza Rioquinto’s opening brief, she fails to address, and therefore has waived any challenge to, the BIA’s determination…