Kaleb Kodongan v. Eric Holder, Jr.

MEMORANDUM

Kaleb Joram Kodongan, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen. Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir.2010). We deny the petition for review.

The BIA-did not abuse its discretion in denying Kodongan’s untimely motion to reopen for failure to establish prima facie eligibility for the relief sought. See id. (explaining the BIA can deny a motion to reopen based on at least three independent grounds, including “failure to establish a prima facie case for the relief sought”); Wakkary v. Holder, 558 F.3d 1049, 1065 (9th Cir.2009) (even under disfavored group analysis, petitioner must present some evidence of individualized risk); Silaya v. Mukasey, 524 F.3d 1066, 1073 (9th Cir.2008) (petitioner failed to demonstrate it is more likely than not petitioner would be tortured if returned). We reject Ko-dongan’s contention that the BIA erred in denying his motion to reopen on this basis.

Further, in light of the court’s decision in Kodongan v.…