MEMORANDUM **

Jose Angel Erazo-Rivas, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) decision denying his motion to reconsider. We have jurisdiction pursuant to 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reconsider, Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir. 2002), and we deny the petition for review.

The BIA did not abuse its discretion in construing Erazo-Rivas’s motion, filed January 15, 2008, as a motion to reconsider. See Mohammed v. Gonzales, 400 F.3d 785, 793 (9th Cir. 2005) (where a petitioner improperly titles a motion to reopen or reconsider, the BIA should construe the motion based on its underlying purpose). So construed, the BIA did not abuse its discretion in denying Erazo-Rivas’s motion to reconsider as untimely. See 8 C.F.R. § 1003.2(b)(2). Erazo-Rivas’s due process claim therefore fails. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) *710 (requiring error for a due process violation).

PETITION FOR REVIEW DENIED.