He Lin, a native and citizen of China, has filed a pro se petition for review of the *620 Board of Immigration Appeals’ (BIA) denial of his motion to reopen removal proceedings as time and number-barred. Lin specifically contends that he should be permitted to file a new asylum application pursuant to INA § 208(a)(2)(D), 8 U.S.C. § 1158(a)(2)(D), which provides an exception to the one-year filing deadline for asylum applications.

This provision governs asylum applications only and is not applicable to the reopening of removal proceedings. INA § 208(a)(2)(D), 8 U.S.C. § 1158(a)(2)(D). Rather, 8 C.F.R. § 1003.2(c)(3)(ii) expressly applies to aliens under final orders of removal seeking to apply or reapply for asylum. The BIA did not abuse its discretion in finding that Lin could not avail himself of INA § 208(a)(2)(D) because the provision does not apply to aliens under final orders of removal. See Alaska Dep’t of Envtl. Conservation v. EPA, 540 U.S. 461, 489 & n. 13, 124 S.Ct. 983, 157 L.Ed.2d 967 (2004).

Because Lin does not assert that the BIA abused its discretion in finding that he did not meet the time and number limitation exceptions outlined in 8 C.F.R. § 1003.2(c)(3)(ii), we decline to consider the issue. See Thuri v. Ashcroft, 380 F.3d 788, 793 (5th Cir. 2004). Accordingly, Lin’s petition for review is DENIED.