Michael Siswanto v. Eric Holder, Jr.

MEMORANDUM

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

We lack jurisdiction to review Siswanto’s contentions related to asylum and equitable tolling of the one-year filing requirement because he failed to raise them to the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004). We deny Siswanto’s motion to take judicial notice of the 2010 U.S. Department of State International Religious Freedom Report for Indonesia and do not consider it. See Fisher v. INS, 79 F.3d 955, 963 (9th Cir.1996) (en banc) (this court’s review is limited to the administrative record).

The BIA found Siswanto failed to make a showing of an individualized risk of persecution that would meet the more likely than not standard for withholding of removal, and denied his motion to reconsider. The BIA did not abuse its discretion in denying Siswanto’s motion. See Mohammed…