MEMORANDUM **

Luisa Xia Choquip, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ order summarily affirming the decision of an immigration judge (“IJ”) denying her motion to reopen. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of discretion an IJ’s denial of a motion to reopen. Avagyan v. Holder, 646 F.3d 672, 674 (9th Cir. 2011). We deny in part and dismiss in part the petition for review.

The IJ did not abuse his discretion by denying Xia Choquip’s motion to reopen as untimely because Xia Choquip filed her motion to reopen approximately thirteen years after issuance of the final order of deportation, see 8 C.F.R. §§ 1003.23(b)(1), 1241.1(f), she failed to demonstrate the due diligence necessary to warrant equitable tolling of the filing deadline, see Avagyan, 646 F.3d at 679, and the developments in U.S. asylum law that she identifies do not constitute a material change in conditions in Guatemala that would qualify for an exception to the filing deadline, see Azanor v. Ashcroft, 364 F.3d 1013, 1022 (9th Cir. 2004).

The court lacks jurisdiction to review Xia Choquip’s contention that mental trauma prevented her from asserting her asylum claim earlier, because she failed to exhaust this issue before the agency. See Tijani v. Holder, 628 F.3d 1071, 1080 (9th Cir. 2010) (“We lack jurisdiction to review legal claims not presented in an alien’s administrative proceedings before the B1A”).

PETITION FOR REVIEW DENIED in part; DISMISSED in part.