MEMORANDUM **

Augusto Brigido Saavedra Calderon, a native and citizen of Peru, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen based on ineffective assistance of counsel. 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), and we deny the petition for review.

The BIA did not abuse its discretion by denying Saavedra Calderon’s motion to reopen because the motion was filed more than five years after the BIA’s September 5, 2002, order dismissing the underlying appeal, see 8 C.F.R. § 1003.2(c)(2), and Saavedra Calderon failed to demonstrate that he acted with the due diligence re *732 quired to warrant equitable tolling, see Iturribarria, 321 F.3d at 897.

PETITION FOR REVIEW DENIED.