Khoe

Khoe v. Holder

Good Law
329 F. App'x 754
United States Court of Appeals for the Ninth CircuitJuly 23, 2009No. 06-74308California324 words

Opinion

Lead Opinion

MEMORANDUM **

Lenna Suryana Khoe, Bambang Kusan-diwanata Khoe, and their daughters, na *755 tives and citizens of Indonesia, petition for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reopen removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen. Ordonez v. INS, 845 F.3d 777, 782 (9th Cir.2003). We deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying the Khoes’ motion to reopen because they failed to show prima facie eligibility for asylum, withholding of removal, or protection under the Convention Against Torture (“CAT”). See id. at 785 ; see also Lolong v. Gonzales, 484 F.3d 1173, 1181 (9th Cir.2007) (en banc) (asylum eligibility requires showing that applicant likely to be specifically targeted); Mansour v. Ashcroft, 390 F.3d 667, 673 (9th Cir.2004) (applicant who fails to meet standard for asylum, necessarily fails to meet standard for withholding of removal); Nuru v. Gonzales, 404 F.3d 1207, 1216 (9th Cir.2005) (CAT applicant must establish that it is more likely than not that he would be tortured in the…

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