Mario Bororing v. Eric Holder, Jr.

MEMORANDUM

Gjonggi Panjaitan and Risma Panjaitan, 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 review petitioners’ asylum contentions related to the one-year filing requirement, including their due process contention, because they failed to raise these issues to the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004). We do not address petitioners’ remaining contentions regarding asylum because these claims were not addressed by the BIA, see Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir.2010) (this court’s review is limited to grounds relied upon by the BIA), and petitioners do not argue the BIA erred, see Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir.1996) (issues not specifically raised and argued in a party’s opening brief are waived).

The BIA did not abuse its discretion in denying petitioners’…