Ezarour

MEMORANDUM **

Chad Ezarour, a native and citizen of Jordan, petitions for review of final decisions by the Board of Immigration Appeals (BIA) denying his motions to reopen removal proceedings. Although he withdrew his applications for relief from removal and agreed to voluntarily depart the United States, Ezarour sought to reopen his case, first based on his marriage to a United States citizen, and second based on changes to his personal circumstances and allegations that his attorney was ineffective. We deny both petitions for review.

The BIA denied Ezarour’s first motion to reopen because it was not timely filed. Ezarour does not claim the motion was timely or assert he is entitled to equitable tolling. See Toufighi v. Mukasey, 510 F.3d 1059 , 1063 n. 7 (9th Cir.2007) (noting “the ninety-day time limit is not jurisdictional and that in a proper case equitable tolling might apply”). Rather, he argues the Immigration Judge did not give him adequate notice of the consequences of failing to depart and 8 U.S.C. § 1229c(d) should not apply to an alien who overstays voluntary departure while a motion for reopening is pending. Because the BIA did not base its decision on those…