
    Parmjeet Singh KALKAT, Petitioner, v. Eric H. HOLDER Jr., Attorney General, Respondent.
    No. 07-71656.
    United States Court of Appeals, Ninth Circuit.
    Submitted Jan. 11, 2010.
    
    Filed Jan. 21, 2010.
    Martin Roy Robles, Esq., Law Office of Martin Resendez Guajardo, P.C., San Francisco, CA, for Petitioner.
    Ronald E. Lefevre, Chief Counsel, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, Mona Maria Yousif, U.S. Department of Justice, Civil Div./Office of Immigration Lit., Washington, D.C., for Respondent.
    Before: BEEZER, TROTT, and BYBEE, Circuit Judges.
    
      
       The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
    
   MEMORANDUM

Parmjeet Singh Kalkat, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen. We have jurisdiction pursuant to 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, Singh v. Gonzales, 491 F.3d 1090, 1095 (9th Cir.2007), and we deny the petition for review.

The BIA acted within its discretion in denying as untimely Kalkat’s motion to reopen filed on November 25, 2003, because it was filed more than 90 days after the BIA’s final removal order, see 8 C.F.R. § 1003.2(c)(2), and Kalkat did not show that he acted with the due diligence required for equitable tolling, see Singh, 491 F.3d at 1096-97.

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