to review final orders of removal, the petition for review must be filed within 30 days of the date of the final order of removal. Immigration and Nationality Act (“INA”) § 242(b)(1), 8 U.S.C. § 1252(b)(1). The statutory time limit for filing a direct petition for review in an immigration case is “mandatory and jurisdictional, and is not subject to equitable tolling.” Stone v. INS, 514 U.S. 386, 405, 115 S.Ct. 1537, 1549, 131 L.Ed.2d 465 (1995) (construing the former 90-day period for filing a petition for review under INA § 106(a)(1), 8 U.S.C. § 1105a(a)). A motion to reopen filed with the BIA does not suspend the finality of the underlying BIA order and does not toll the review period. See INA § 242(a)(1), 8 U.S.C. § 1252(a)(1); cf. Stone, 514 U.S. at 405-06, 115 S.Ct. at 1549 (<HOLDING>). Petitioners’ petition for review should have
holding that the bia does not abuse its discretion by denying a motion to reconsider where the motion merely repeats arguments that the bia has previously rejected holding that dhss motion to reconsider was a collateral attack on a bia order holding that the finality of a bia order is not affected by the subsequent filing of a motion to reconsider pursuant to 8 cfr  10032b holding that the timely filing of a motion to reopen or reconsider with the bia does not toll the time period for seeking appellate court review and that the mere act of filing the motion does not render nonfinal the underlying bia decision holding that the bia does not abuse its discretion by denying a motion to reconsider when the motion merely repeats arguments that the bia has previously rejected