Budi Sihombing v. Eric Holder, Jr.

470 F. App'x 618

• Court: Court of Appeals for the Ninth Circuit
• Decided: March 2, 2012
• Docket: 11-70501
• Status: Unpublished

Opinion

MEMORANDUM **

Budi Torang Sihombing, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen or remand. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the BIA’s denial of motions to reopen or to remand. Guzman v. INS, 318 F.3d 911, 912 n. 1 (9th Cir.2003). We deny the petition for review.

Sihombing contends the BIA erred in denying his request for further consideration of his application for withholding of removal based on a disfavored group analysis. However, Sihombing does not challenge the BIA’s dispositive finding that his motion was untimely and that he did not qualify for an exception to the time limitation. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir.1996) (issues not specifically raised and argued in a party’s opening brief are waived).

PETITION FOR REVIEW DENIED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.