MEMORANDUM
Walter Ivan Rivera-Ayala, a native and citizen of Honduras, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s order denying his motion to reconsider. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reconsider and review de novo questions of law. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). We deny the petition for review.
The BIA did not abuse its discretion in denying Rivera-Ayala’s motion to reconsider, see 8 C.F.R. § 1003.2(b), where his prior motion to reopen was filed more than eight years after his final order of removal, and he failed to establish the due diligence required to equitably toll the filing deadline, see 8 C.F.R. § 1003.2(c)(2) (motions to reopen generally must be filed within 90 days of final order of removal); Avagyan v. Holder, 646 F.3d 672, 679, 682 (9th Cir.2011) (petitioner may obtain equitable tolling when prevented from filing because of deception, fraud, or error where petitioner “made reasonable efforts to pursue relief until [he] learned of counsel’s ineffectiveness”).
PETITION FOR REVIEW DENIED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.