
    Augusto Brigido Saavedra CALDERON, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.
    No. 08-74614.
    United States Court of Appeals, Ninth Circuit.
    Submitted Feb. 15, 2011.
    
    Filed March 10, 2011.
    Edgardo Quintanilla, Quintanilla Law Firm, Inc., Sherman Oaks, CA, for Petitioner.
    Chief Counsel Ice, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, OIL, Yanal H. Yousef, Trial, Jeffery R. Leist, Trial, Ernesto Horacio Molina, Jr., Esquire, Senior Litigation Counsel, DOJ-U.S. Department of Justice, Washington, DC, for Respondent.
    Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.
    
      
       The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
    
   MEMORANDUM

Augusto Brigido Saavedra Calderon, a native and citizen of Peru, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen 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, Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003), and we deny the petition for review.

The BIA did not abuse its discretion by denying Saavedra Calderon’s motion to reopen because the motion was filed more than five years after the BIA’s September 5, 2002, order dismissing the underlying appeal, see 8 C.F.R. § 1003.2(c)(2), and Saavedra Calderon failed to demonstrate that he acted with the due diligence required to warrant equitable tolling, see Iturribarria, 321 F.3d at 897.

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