Budi Sihombing v. Eric Holder, Jr. ( 2012 )

FILED
NOT FOR PUBLICATION MAR 02 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
BUDI TORANG SIHOMBING, No. 11-70501
Petitioner, Agency No. A095-618-232
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 21, 2012 **
Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges
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
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2). Accordingly, we deny
Sihombing’s request for oral argument.
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.
2 11-70501