Mohammad RAFIQ, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent, 159 F. App'x 517

PER CURIAM: Mohammad Rafiq, a native and citizen of Pakistan, petitions for review of an order of the Board of Immigration Appeals (“Board”) dismissing his appeal from the immigration judge’s denial of his motion to reopen immigration proceedings. We have reviewed the record and the Board’s order and find that the Board did not abuse its discretion in upholding the denial of Rafiq’s motion on the ground that it was untimely filed. See 8 C.F.R. § 1003.23(b)(1) (2005) (establishing a ninety-day time limitation for filing a motion to reopen); INS v.

Doherty, 502 U.S. 314, 323-24, 112 S.Ct. 719, 116 L.Ed.2d 823 (1992) (setting forth standard of review). Accordingly, we deny the petition for review. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. PETITION DENIED We find that Rafiq has failed to demonstrate sufficient grounds to invoke the doctrine of equitable tolling. See Harris v. Hutchinson, 209 F.3d 325, 330 (4th Cir.2000).