Serli Guncoro v. Eric Holder, Jr.

MEMORANDUM

Serli Guncoro, lead petitioner, and As-wanto, natives and citizens of Indonesia, petition for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reconsider. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reconsider, Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002), and we dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the BIA’s April 29, 2008, order vacating an immigration judge’s grant of asylum, because Gun-coro failed to timely petition this court for review of that decision. See Singh v. INS, 315 F.3d 1186, 1188 (9th Cir.2003).

The BIA was within its discretion in denying the November 17, 2008, motion to reconsider on the ground that the motion failed to identify any error of fact or law in the BIA’s April 29, 2008, order. See 8 C.F.R. § 1003.2 (b)(1).

We reject Guncoro’s contention that the case should be remanded in light of Tampubolon v. Holder, 610 F.3d 1056 (9th Cir.2010). The BIA analyzed Guneoro’s claims of persecution as an ethnic Chinese Indonesian under the disfavored group analysis, as set forth in Sael v.…