Maikal Ali Halim v. Eric Holder, Jr.

MEMORANDUM

Maikal Halim, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen his removal proceedings. We have jurisdiction under 8 U.S.C. § 1252 (a). We review the BIA’s denial of a motion to reopen for abuse of discretion, Feng Gui Lin v. Holder, 588 F.3d 981, 984 (9th Cir.2009), and we deny the petition for review.

The BIA did not abuse its discretion in concluding that Halim failed to establish an individualized risk of persecution in light of this court’s decision in Tampubolon v. Holder, 610 F.3d 1056 (9th Cir.2010). Halim’s argument that the BIA applied the higher withholding of removal standard to his asylum claim fails because the BIA was merely explaining the holding in Tampu-bolon, in which that petitioner was time-barred from seeking asylum. See Tampubolon, 610 F.3d at 1059 . In applying the correct standard, the BIA did not err in determining that, even as a member of a disfavored group, Halim failed to demonstrate sufficient individualized risk of future persecution in Indonesia. See Wakkary v. Holder, 558 F.3d 1049, 1065 (9th Cir.2009) (noting that in the asylum context, “some…