Johnson Napitulpulu v. Eric Holder, Jr.

MEMORANDUM

Johnson Napitulpulu, 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 an abuse of discretion the BIA’s 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 Napitul-pulu’s contentions related to asylum and equitable tolling of the one-year filing requirement because he failed to raise them to the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004). We do not consider the 2010 U.S. Department of State International Religious Freedom Report for Indonesia that Napitulpulu attached to his opening brief. See Fisher v. INS, 79 F.3d 955, 963 (9th Cir.1996) (en banc) (this court’s review is limited to the administrative record).

The BIA did not abuse its discretion in denying Napitulpulu’s motion to reconsider his withholding of removal claim in light of this court’s disfavored group cases because Napitulpulu did not demonstrate sufficient individualized risk to show it is more likely…