MEMORANDUM **

Ali Qasem Saleh Asaad, a native and citizen of Yemen, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision denying his motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen. Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir. 2003). We deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying Asaad’s motion to reopen as untimely because he filed the motion more than two years after the BIA’s March 25, 2005, order, see 8 C.F.R. § 1003.2(c)(2), and Asaad failed to establish that he acted with the due diligence required for equitable tolling, see Iturribarria, 321 F.3d at 897; see also Singh v. Ashcroft, 367 F.3d 1182, 1184 (9th Cir. 2004).

To the extent Asaad alleges current counsel may have rendered ineffective assistance of counsel that caused Asaad’s lack of diligence, we lack jurisdiction to review that contention. See Puga v. Chertoff, 488 F.3d 812, 815 (9th Cir. 2007).

PETITION FOR REVIEW DENIED in part; DISMISSED in part.