MEMORANDUM **

Gil Evangelista Sadorra, a native and citizen of the Philippines, petitions for re *791 view of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his motion to reopen. 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 agency acted within its discretion in-denying as untimely Sadorra’s motion to reopen because it was filed more than 90 days after the IJ’s final removal order, see 8 C.F.R. § 1003.23(b)(1), and Sadorra did not show that he acted with the due diligence required for equitable tolling, see Singh, 491 F.3d at 1096-97. It follows that the denial of Sadorra’s motion to reopen did not violate due process. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error for a due process violation).

Sadorra’s remaining contentions are unavailing.

PETITION FOR REVIEW DENIED.