
    Rodrigo DIAZ and Catalina Diaz Mendez, Petitioners, v. Eric H. HOLDER, Jr., Attorney General, Respondent.
    No. 10-70641.
    United States Court of Appeals, Ninth Circuit.
    Submitted June 15, 2011.
    
    Filed June 28, 2011.
    Rodrigo Diaz, Los Angeles, CA, pro se.
    OIL, John M. McAdams, Jr., 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, O’SCANNLAIN, and FISHER, Circuit Judges.
    
      
       The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
    
   MEMORANDUM

Rodrigo Diaz and Catalina Diaz Mendez, natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals’ order dismissing their appeal from an immigration judge’s (“IJ”) order denying their motion to reopen. 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 agency did not abuse its discretion in denying petitioners’ motion to reopen because the motion was filed more than thirteen years after the IJ’s June 13, 1995, deportation order, see 8 C.F.R. § 1003.23(b)(4)(iii), and petitioners failed to establish that they acted with the due diligence required for equitable tolling, see Iturribarria, 321 F.3d at 897 (deadline can be equitably tolled “when a petitioner is prevented from filing because of deception, fraud, or error, as long as the petitioner acts with due diligence”). Petitioners’ due process claim therefore fails. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir.2000) (requiring error for a due process violation).

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