Juan Carlos MARTINEZ-VILLANUEVA, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent, 395 F. App'x 376

MEMORANDUM Juan Carlos Martinez-Villanueva, a native and citizen of Honduras, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reconsider as untimely. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reconsider, Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002), and we deny the petition for review.

The BIA did not abuse its discretion in denying Martinez-Villanueva’s motion to reconsider as untimely because he filed the motion more than 5 months after the BIA issued its final order, see 8 C.F.R. § 1003.2(b)(2), and Martinez-Villanueva did not show he acted with the diligence required for equitable tolling, see Singh v. Gonzales, 491 F.3d 1090, 1096-97 (9th Cir.2007). PETITION FOR REVIEW DENIED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.