
    Arturo Carrillo RODRIGUEZ, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.
    No. 12-74127.
    United States Court of Appeals, Ninth Circuit.
    Submitted Jan. 21, 2014.
    
    Filed Jan. 23, 2014.
    Subhash Chandra, Esquire, Chandra Law Office PCLLO, Omaha, NE, for Petitioner.
    OIL, Ann Carroll Varnon, Esquire, U.S. Department of Justice, Washington, DC, Chief Counsel Ice, Office of the Chief Counsel Department of Homeland Security, San Francisco, CA, for Respondent.
    Before: CANBY, SILVERMAN, and PAEZ, Circuit Judges.
    
      
       The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
    
   MEMORANDUM

Arturo Carrillo Rodriguez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order affirming an immigration judge’s denial of his motion to reopen alleging 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, 674 (9th Cir.2011), and we deny the petition for review.

The BIA did not abuse its discretion in denying Carrillo Rodriguez’s motion to reopen as untimely where it was filed thirteen years after his final order of removal, see 8 C.F.R. § 1003.23(b)(4)(ii), and he failed to demonstrate the due diligence necessary to warrant equitable tolling of the filing deadline, see Avagyan, 646 F.3d at 679 (equitable tolling is available to a petitioner who establishes that he suffered from deception, fraud or error, and exercised due diligence in discovering such circumstances).

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