ON PETITION FOR REHEARING

In light of this Court’s en banc decision in Avila-Santoyo v. U.S. Att’y Gen., 713 F.3d. 1357, No. 11-14941, 2013 WL 1499419 (11th Cir. April 12, 2013), we hereby vacate our prior panel opinion, published at 700 F.3d 1270 (11th Cir. 2012), and substitute the following in its place. Accordingly, Petitioner’s pending petition for rehearing en banc is denied as moot.

Darwin Gilberto Ruiz-Turcios, a native of Honduras, petitions, for review of the Board of Immigration Appeals’s (“BIA’s”) decision denying his third motion to reopen -his removal proceedings in which he raised a cláim of ineffective assistance of counsel. 1 Under the statutory provisions *1276 of the Immigration and Nationality Act and its implementing regulations, an alien generally may file only one motion to reopen, and must do so no later than 90 days after the final order of removal. 8 U.S.C. §§ 1229a(c)(7)(A), (C)(i); 8 C.F.R. § 1003.2(c)(2). Ruiz-Turcios’s motion to reopen did not meet these requirements, but he sought equitable tolling of the number and time limitations on the basis that he received ineffective assistance of counsel in his removal proceedings and during his administrative appeal.

The BIA denied his motion to reopen relying on our circuit precedent in Abdi v. U.S. Att’y Gen., 430 F.3d 1148, 1150 (11th Cir. 2005), which held that the 90-day deadline for filing a motion to reopen is “mandatory and jurisdictional, and, therefore, it is not subject to equitable tolling.”

This court sitting en banc in Avila-Santoyo, overruled our circuit precedent in Abdi and held that the 90-day deadline to seek reopening of a removal proceeding pursuant to 8 U.S.C. § 1229a(c)(7)(C)(i) is a non-jurisdictional claim-processing rule that is subject to equitable tolling. 713 F.3d at 1365, No. 11-14941, slip op. at 16. Thus, the BIA’s conclusion that it was barred from reopening Ruiz-Turcios’s removal proceedings based on the untimeliness of the motion to reopen is erroneous.

Moreover, for all of the reasons articulated in Avila-Santoyo which supported the en banc court’s conclusion that the 90-day deadline is a non-jurisdictional claim processing rule, the statutory requirement at 8 U.S.C. § 1229a(c)(7)(A), which limits an alien to one motion to reopen, is a non-jurisdictional claim processing rule and is likewise subject to equitable tolling. 2 There is nothing in the plain language or scheme of the statute that “gives any indication, ‘much less provide[s] clear evidence, that the [one motion] provision was meant to carry jurisdictional consequences.’ ” Avila-Santoyo, 713 F.3d at 1360, No. 11-14941, slip op. at 7 (citing Henderson v. Shinseki, — U.S. -, 131 S.Ct. 1197, 1204, 179 L.Ed.2d 159 (2011)). Because both the time and numerical limitations on motions to reopen removal proceedings are non-jurisdictional and subject to equitable tolling, the BIA erred in denying Ruiz-Turcios’s motion to reopen without considering whether he is entitled to equitable tolling.

Thus, we remand this matter to the BIA to decide in the first instance whether Ruiz-Turcios is entitled to equitable tolling and, if so, whether he then is entitled to reopening on the merits of his ineffective assistance of counsel claim. 3 In *1277 doing so, we note that eligibility for equitable tolling is a threshold showing that must be made before the merits of the claim or claims underlying a motion to reopen can be considered. Additionally, equitable tolling generally requires a litigant to show “(1) that he has been pursuing his rights diligently, and (2) that some extraordinary circumstance stood in his way.” Pace v. DiGuglielmo, 544 U.S. 408, 418, 125 S.Ct. 1807, 161 L.Ed.2d 669 (2005). While the facts underlying Ruiz-Turcios’s assertion that he received ineffective assistance of counsel may serve both as a basis for equitable tolling and for the merits of his motion to reopen, the standards for establishing equitable tolling and ineffective assistance of counsel are distinct.

Accordingly, we hereby GRANT Ruiz-Turcios’s petition, VACATE the BIA’s order denying reopening, and REMAND to the BIA to consider whether to grant Ruiz-Turcios’s request for equitable tolling.

PETITION GRANTED in part, VACATED and REMANDED.