MEMORANDUM **

Marco Duran-Ramirez, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen proceedings. We have jurisdiction pursuant to 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, Singh v. Gonzales, 491 F.3d 1090, 1095 (9th Cir. 2007), and we deny the petition for review.

The BIA acted within its discretion in denying Duran-Ramirez’s motion to reopen as untimely because it was not filed within 90 days of the BIA’s final decision on his underlying appeal, see 8 C.F.R. § 1003.2(c)(2), and Duran-Ramirez failed to establish that he acted with the due diligence required for equitable tolling, see Singh, 491 F.3d at 1096-97.

PETITION FOR REVIEW DENIED.