Hiskia Billy v. Eric Holder, Jr.

FILED
NOT FOR PUBLICATION AUG 8 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
HISKIA BILLY and ALVIN LENDE No. 10-70245
BILLY,
Agency Nos. A078-020-248
Petitioners, A078-020-308
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 2, 2011 **
Before: RYMER, IKUTA, and N.R. SMITH, Circuit Judges.
Hiskia and Alvin Lende Billy, natives and citizens of Indonesia, petition for
review of the Board of Immigration Appeals’ (“BIA”) order denying their motion
to reconsider. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse
*
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).
of discretion the denial of a motion to reconsider, Morales Apolinar v. Mukasey,
514 F.3d 893, 895 (9th Cir. 2008), and we deny the petition for review.
The BIA did not abuse its discretion by denying petitioners’ July 6, 2009,
motion to reconsider as untimely because it was filed over three years after the
BIA’s February 15, 2006, final order. See 8 C.F.R. § 1003.2(b)(2).
In light of our disposition, we need not consider petitioners’ contention that
the BIA’s original analysis regarding whether they were members of a disfavored
group was erroneous under Wakkary v. Holder, 558 F.3d 1049 (9th Cir. 2009), and
Tampubolon v. Holder, 610 F.3d 1056 (9th Cir. 2010).
PETITION FOR REVIEW DENIED.
2 10-70245