Shair Siahaan v. Eric Holder, Jr.

MEMORANDUM

Shair Junjungan Siahaan, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reconsider its prior order. We review for abuse of discretion. Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002). We have jurisdiction under 8 U.S.C. § 1252 , and we deny the petition for review.

The BIA did not abuse its discretion by denying Siahaan’s motion to reconsider as untimely because it was filed more than 30 days after the BIA’s final removal order, see 8 U.S.C. § 1229a(c)(6)(B); 8 C.F.R. § 1008.2 (b)(2), and because Siahaan does not contend that he is entitled to equitable tolling, see Iturribarria v. INS, 321 F.3d 889, 897 (9th Cir.2003) (holding that deadline for motion to reconsider may be equitably tolled under certain circumstances). To the extent that Siahaan contends that the BIA abused its discretion by failing to exercise its authority to sua sponte reconsider his case, we lack jurisdiction to consider that issue. See Minasyan v. Mukasey, 553 F.3d 1224, 1229 (9th Cir.2009) (recognizing that this court does not have jurisdiction to review an alien’s claim that the BIA should have exercised its…