Bambang Marihot v. Eric Holder, Jr.

MEMORANDUM

Bambang Marihot, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his 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. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). We deny in part and dismiss in part the petition for review. The BIA did not abuse its discretion in denying Marihot’s motion to reconsider as untimely because it was filed more than thirty days after the final agency decision. See 8 C.F.R. § 1003.2 (b)(2). Accordingly, the BIA did not err in refusing to reconsider the prior adverse credibility determination.

We lack jurisdiction to review the BIA’s discretionary decision to not reopen removal proceedings sua sponte. See Mejia-Hernandez v. Holder, 633 F.3d 818, 823-24 (9th Cir.2011).

We also lack jurisdiction to review Mari-hot’s unexhausted contention that there is a pattern or practice of persecution of Christians in Indonesia. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004)

Marihot’s motion for judicial notice is denied. See Fisher v. INS, 79 F.3d 955, 963 (9th…