
    Vicente VILLICANA-MENDEZ, Petitioner, v. Loretta E. LYNCH, Attorney General, Respondent.
    No. 14-71154.
    United States Court of Appeals, Ninth Circuit.
    
      Submitted Jan. 20, 2016.
    
    Filed Jan. 27, 2016.
    Nikhil M. Shah, I, Esquire, General, Law Offices of Nikhil M. Shah, Los Ange-les, CA, for Petitioner.
    Elizabeth Robyn Chapman, Trial, OIL, 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, TASHIMA, and NGUYEN, Circuit Judges.
    
      
       The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
    
   MEMORANDUM

Vicente Villicana-Mendez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his 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. Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir.2005). We deny the petition for review.

The BIA did not abuse its discretion by denying Villicana-Mendez’s motion to reopen as untimely, where it was filed more than 10 years after the BIA’s final order of removal, see 8 C.F.R. § 1003.2(c)(2), and Villicana-Mendez failed to establish the due diligence required for equitable tolling of the filing deadline, see Avagyan v. Holder, 646 F.3d 672, 679 (9th Cir.2011) (equitable tolling is available to an alien who is prevented from timely filing a motion to reopen due to deception, fraud or error, as long as petitioner exercises 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.
     