Glenny Tenda v. Eric Holder, Jr.

MEMORANDUM

Glenny Nicholas Tenda, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion for reconsideration. Our jurisdiction is governed by 8 U.S.C. § 1252 . Reviewing for an abuse of discretion, Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002), we deny in part and dismiss in part the petition for review.

Tenda contends the BIA abused its discretion in denying his motion for reconsideration of his application for withholding of removal in light of this court’s decisions in Wakkary v. Holder, 558 F.3d 1049 (9th Cir.2009), and Tampubolon v. Holder, 610 F.3d 1056 (9th Cir.2010). We reject Tenda’s argument in light of our prior decision, Tenda v. Mukasey, 299 Fed.Appx. 635 (9th Cir.2008), in which this court applied the disfavored group analysis to Ten-da’s withholding of removal claim based on his status as an Indonesian Christian and rejected it. This court lacks jurisdiction to review Tenda’s claim that he is eligible for withholding of removal as an ethnic Chinese Indonesian because he failed to raise it to the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004). We also lack jurisdiction to…