Shirley Kesaulya v. Eric Holder, Jr.

MEMORANDUM

Shirley Grace Kesaulya and her son, 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 BIA’s denial of 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 petitioners’ contentions related to asylum, equitable tolling of the one-year filing requirement, and reopening to submit additional evidence because petitioners failed to raise these issues to the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004). Further, we decline to consider the 2010 religious freedom report petitioners reference in their opening brief because our review is limited to the administrative record underlying the agency’s decision. See Fisher v. INS, 79 F.3d 955, 963 (9th Cir.1996) (en banc).

The BIA did not abuse its discretion in denying petitioners’ motion to reconsider their withholding of removal claim in light of this court’s disfavored group cases because petitioners did not demonstrate…