
    FENGLIN DUAN, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.
    No. 08-73671.
    United States Court of Appeals, Ninth Circuit.
    Submitted Oct. 19, 2010.
    
    Filed Oct. 26, 2010.
    Justin X. Wang, Baughman & Wang, San Francisco, CA, for Petitioner.
    Sharon Michele Clay, Esquire, Trial, Virginia Lum, U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, Ronald E. Lefevre, Office of the District Counsel Department of Homeland Security, San Francisco, CA, for Respondent.
    Before: O’SCANNLAIN, TALLMAN, and BEA, Circuit Judges.
    
      
       The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
    
   MEMORANDUM

Fenglin Duan, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision denying his motion to reopen. Our jurisdiction is governed by 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), and we dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the BIA’s decision not to invoke its sua sponte authority to reopen proceedings under 8 C.F.R. § 1003.2(a). See Ekimian v. INS, 303 F.3d 1153, 1159 (9th Cir.2002).

The BIA did not abuse its discretion in denying Duan’s February 14, 2008, motion to reopen as untimely because it was filed more than a year after the BIA’s final order of removal, see 8 C.F.R. § 1003.2(c)(2), and Duan did not show he was entitled to equitable tolling, see Iturribarria v. INS, 321 F.3d 889, 897 (9th Cir.2003) (deadline for filing motion to reopen can be equitably tolled “when petitioner is prevented from filing because of deception, fraud, or error, as long as the petitioner acts with due diligence”).

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