MEMORANDUM **

Jose Alfredo Rodriguez-Perez, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen. 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 Rodriguez-Perez’s motion to reopen as untimely because it was filed over 90 days after the BIA’s final order, see 8 C.F.R. § 1003.2(c)(2), and because Rodriguez-Perez failed to establish the due diligence required for equitable tolling, see Iturribarria, 321 F.3d at 897.

PETITION FOR REVIEW DENIED.