
    Jose Alfredo JIMENEZ-CHIRINOS, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.
    No. 11-72872.
    United States Court of Appeals, Ninth Circuit.
    Submitted Dec. 19, 2012.
    
    Filed Dec. 21, 2012.
    Maziar Razi, Los Angeles, CA, for Petitioner.
    Thomas Fatouros, Esquire, Senior Litigation Counsel, OIL, DOJ-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: GOODWIN, WALLACE, 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

Jose Alfredo Jimenez-Chirinos, a native and citizen of Honduras, 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, 674 (9th Cir.2011), and we deny the petition for review.

The BIA did not abuse its discretion in denying Jimenez-Chirinos’ motion to reopen as untimely where he filed the motion eleven 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 (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).

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