
    Eduardo Mizael PANTALEON-SIERRA, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.
    No. 12-70585.
    United States Court of Appeals, Ninth Circuit.
    Submitted June 10, 2013.
    
    Filed June 13, 2013.
    Joseph Arthur Mbacho, Sr., Esquire, Law Offices of Joseph Mbacho, El Centro, CA, for Petitioner.
    OIL, Holly Smith, Senior Litigation Counsel, 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: HAWKINS, McKEOWN, and BERZON, Circuit Judges.
    
      
       The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
    
   MEMORANDUM

Eduardo Mizael Pantaleon-Sierra, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings. 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 Pantaleon-Sierra’s motion to reopen as untimely where the motion was filed more than five years after his removal order became final, see 8 C.F.R. § 1003.2(c)(2), and Pantaleon-Sierra failed to demonstrate the due diligence required to obtain 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.
     