Gregorio ZUNIGA-GUTIERREZ, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent, 360 F. App'x 917

MEMORANDUM Gregorio Zuniga-Gutierrez, a native and citizen of Guatemala, petitions pro se 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 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 Zuniga-Gutierrez’s motion to reopen as untimely where he filed the motion more than 16 years after the BIA issued the final order of deportation, see 8 C.F.R. § 1003.2(c)(2) (motion to reopen must be filed within 90 days of final order of deportation or by September 30, 1996), and failed to demonstrate that any exceptions applied to excuse the late filing, see 8 C.F.R. § 1003.2(c)(3). PETITION FOR REVIEW DENIED. This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.