Hotman-Efendy Simbolon v. Eric Holder, Jr.

MEMORANDUM

Hotman-Efendy Simbolon, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen/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 reopen or 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.

The only argument Simbolon raised in his motion was reexamination of his eligibility for asylum and withholding of removal, based on a pattern or practice of persecution against Christians in Indonesia, in light of Mufied v. Mukasey, 508 F.3d 88 (2nd Cir.2007). Accordingly, we lack jurisdiction to review Simbolon’s contentions regarding the one-year bar and disfavored group analysis. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004) (no jurisdiction over claims not presented below).

In addition, we decline to consider the 2010 religious freedom report Simbolon references in his opening brief because our review is limited to the administrative record underlying the agency’s decision. See Fisher v. INS, 79 F.3d 955, 963 (9th Cir.1996) (en…