Jose RIVERA CID, Petitioner, v. Eric H. HOLDER Jr., Attorney General, Respondent, 361 F. App'x 866

MEMORANDUM Jose Rivera Cid, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, Singh v. Gonzales, 491 F.3d 1090, 1095 (9th Cir.2007), and we deny in part and dismiss in part the petition for review.

The BIA acted within its discretion in denying as untimely Rivera Cid’s motion to reopen because it was filed more than 90 days after the BIA’s final removal order, see 8 C.F.R. § 1003.2(c)(2) (motion to reopen must be filed within 90 days of final administrative removal order), and Rivera Cid did not show that he acted with the due diligence required for equitable tolling, see Singh, 491 F.3d at 1096-97.

To the extent Rivera Cid contends that the BIA violated his due process rights by disregarding his hardship evidence, the contention is not supported by the record and does not amount to a colorable constitutional claim. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005). PETITION FOR REVIEW DENIED in part; DISMISSED in part. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.