Joutje Pantouw v. Loretta E. Lynch

MEMORANDUM

Joutje Pantouw and Elly Lae Worang, 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). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to consider petitioners’ contentions related to asylum and equitable tolling of the one-year filing requirement because they failed to raise them to the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004).

The BIA denied petitioners’ motion to reconsider, finding they failed to demonstrate sufficient individualized risk of persecution to qualify for withholding of removal. The BIA did not abuse its discretion in denying the motion. See Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir.2005); Halim v. Holder, 590 F.3d 971, 979 (9th Cir.2009) (petitioner failed to demonstrate sufficient evidence of individualized risk of harm under a disfavored group analysis to establish a well-founded fear of future persecution); Wakkary v.…