
    Ghatas KASEH, Petitioner, v. Eric H. HOLDER Jr., Attorney General, Respondent.
    No. 07-70784.
    United States Court of Appeals, Ninth Circuit.
    Submitted Nov. 17, 2009 .
    Filed Dec. 7, 2009.
    See also 19 FedAppx. 674.
    Dan E. Korenberg, Esq., Korenberg Abramowitz & Feldun A Law Corporation, Sherman Oaks, CA, for Petitioner.
    CAC-Distriet Counsel, Esq., Office of the District Counsel, Department of Homeland Security, Los Angeles, CA, Ronald E. Lefevre, Chief Counsel, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, Molly L. Debusschere, DOJ — U.S. Department of Justice, Civil Div./Office of Immigration Lit., Washington, DC, for Respondent.
    Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.
    
      
       The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
    
   MEMORANDUM

Ghatas Kaseh, a native and citizen of Syria, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen. We have jurisdiction pursuant to 8 U.S.C. § 1252. We review for abuse of discretion the BIA’s 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 in denying as untimely Kaseh’s motion to reopen because the motion was filed almost six years after the BIA’s January 25, 2001 order, see 8 C.F.R. § 1003.2(c)(2), and Kaseh failed to establish that he acted with the due diligence required for equitable tolling, see Iturribarria, 321 F.3d at 897 (equitable tolling available “when a petitioner is prevented from filing because of deception, fraud, or error, as long as the petitioner acts with due diligence”).

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