Pasaribu

Pasaribu v. Holder

Good Law
489 F. App'x 219
United States Court of Appeals for the Ninth CircuitDecember 28, 2012No. 10-73255California312 words

Opinion

Lead Opinion

MEMORANDUM **

Robinson Hamonangan K. Pasaribu, 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. 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 Pasaribu’s contentions related to asylum and equitable tolling of the one-year filing requirement because he failed to raise these issues to the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004). We also deny Pasaribu’s request to take judicial notice of the 2010 U.S. Department of State International Religious Freedom Report for Indonesia. See Fisher v. INS, 79 F.3d 955, 963 (9th Cir.1996) (en banc) (this court’s review is limited to the administrative record underlying the agency’s decision).

The BIA did not abuse its discretion in denying Pasaribu’s motion to reconsider his withholding of removal claim in light of this court’s disfavored group cases because Pasaribu did not demonstrate sufficient…

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