MEMORANDUM **

Eduardo Mizael Pantaleon-Sierra, 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, Avagyan v. Holder, 646 F.3d 672, 674 (9th Cir. 2011), and we deny the petition for review.

The BIA did not abuse its discretion in denying Pantaleon-Sierra’s motion to reopen as untimely where the motion was filed more than five years after his removal order became final, see 8 C.F.R. § 1003.2(c)(2), and Pantaleon-Sierra failed to demonstrate the due diligence required to obtain equitable tolling of the filing deadline, see Avagyan, 646 F.3d at 679 (equitable tolling is available to a petitioner who is prevented from filing because of deception, fraud or error, and exercised due diligence in discovering such circumstances).

PETITION FOR REVIEW DENIED.