MEMORANDUM
Abel Rodriguez Rivera, a native and citizen of Mexico, petitions for review of an order of the Board of Immigration Appeals (“BIA”) dismissing his appeal of an immigration judge’s order denying his motion to reopen proceedings in which he was ordered deported in absentia. Because the transitional rules apply, we have jurisdiction under 8 U.S.C. § 1105a(a). See Socop-Gonzalez v. INS, 272 F.3d 1176, 1183 (9th Cir.2001) (en banc). We review for abuse of discretion the denial of a motion to reopen and we review de novo the interpretation of purely legal questions. Id. at 1187. We deny the petition for review.
The BIA properly determined that Rivera’s untimely motion to reopen was not subject to equitable tolling because he failed to establish that the five-and-a-half year delay in filing the motion “was caused by circumstances beyond [his] control.” Id. at 1193.
PETITION FOR REVIEW DENIED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.