
    Panuncio Munoz ORTIZ, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.
    No. 11-72111.
    United States Court of Appeals, Ninth Circuit.
    Submitted Oct. 9, 2012.
    
    Filed Oct. 12, 2012.
    Sanjay Sobti, Esquire, Corona, CA, for Petitioner.
    Oil, Siu P. Wong, Esquire, Trial, DOJ-U.S. Department of Justice, Chief Counsel Ice, Office of the Chief Counsel Depart.ment of Homeland Security, San Francisco, CA, for Respondent.
    Before: RAWLINSON, MURGUIA, and WATFORD, Circuit Judges.
    
      
       The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
    
   MEMORANDUM

Panuncio Munoz Ortiz, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings 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. Avagyan v. Holder, 646 F.3d 672, 678 (9th Cir.2011). We deny the petition for review.

The BIA did not abuse its discretion in denying Ortiz’s motion to reopen as untimely where he filed the motion more than four years after his final order of removal, see 8 C.F.R. § 1003.2(c)(2) (motion to reopen must be filed within 90 days of final order), and failed to show the due diligence required for equitable tolling of the filing deadline, see Avagyan, 646 F.3d at 679-80 (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).

In light of our disposition, we need not reach Ortiz’s remaining contentions.

PETITION FOR REVIEW DENIED. 
      
       This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
     