MEMORANDUM **

Luis Sanehez-Bautista, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings. 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). We deny in part and grant in part the petition for review, and remand for further proceedings.

The BIA did not abuse its discretion in denying Sanchez-Bautista’s motion to reopen as untimely where the motion was filed more than two years after the BIA’s final order of removal, see 8 C.F.R. § 1003.2(c)(2), and Sanehez-Bautista did not show he was entitled to equitable tolling, see Iturribarria, 321 F.3d at 897.

Because the BIA failed to address Sanchez-Bautista’s request to reopen his proceedings sua sponte, we remand for the BIA to consider Sanchez-Bautista’s request in the first instance. See Montes-Lopez v. Gonzales, 486 F.3d 1163, 1165 (9th Cir. 2007).

Each party shall bear its own costs for this petition for review.

PETITION FOR REVIEW DENIED in part; GRANTED in part; REMANDED.