Orozco-Orozco

MEMORANDUM **

This is a petition for review of a Board of Immigration Appeals’ (“BIA”) order denying petitioner’s second motion to reopen as both untimely and barred by numerical limitations.

*751 We review the denial of motions to reopen for abuse of discretion. See Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002). The BIA did not abuse its discretion in construing petitioner’s “motion for administrative closure” as a motion to reopen. In this motion, petitioner sought administrative closure to pursue possible amnesty relief should Congress pass amnesty legislation. The motion was filed after a final administrative order of removal had been entered, thus, there were no administrative proceedings to close. In addition, the regulations provide that a party may file only one motion to reopen removal proceedings and the motion to reopen 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 and numerically barred. Petitioner’s final administrative order of…