Soto-Galaviz

memorandum: **

Petitioner seeks review of a Board of Immigration Appeals’ (“BIA”) decision denying a motion to reconsider as untimely and number-barred, and denying a motion to reopen as untimely.

We review the BIA’s denial of motions to reopen or to reconsider for abuse of discretion. See Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002). The regulations state that a motion to reopen removal proceedings must be filed not later than ninety days after the date on which the final order of removal was entered. See 8 C.F.R. § 1003.2 (c)(2). A review of the administrative record demonstrates that the BIA did not abuse its discretion in denying petitioner’s motion to reopen as untimely. Petitioner’s final administrative order of removal was entered on June 3, 2004. Petitioner’s motion to reopen was filed on July 19, 2006, more than ninety days after the date on which the final order of removal was entered. See 8 C.F.R. § 1003.2 (c)(2).

In addition, the BIA did not abuse its discretion in denying petitioner’s motion to reconsider as untimely and numerically barred. Petitioner’s July 19, 2006 motion to reconsider was barred by regulation in that it was filed over thirty days after…