Opinion
No. 11-70058 Agency No. A095-634-706
02-15-2013
TAN GIOK TJAN, Petitioner, v. ERIC H. HOLDER, Jr., Attorney General, Respondent.
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
On Petition for Review of an Order of the
Board of Immigration Appeals
Before: FERNANDEZ, TASHIMA, and WARDLAW, Circuit Judges.
Tan Giok Tjan, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals' ("BIA") order denying his motion to reopen. We have jurisdiction under 8 U.S.C. § 1252. We review for an abuse of discretion the BIA's denial of a motion to reopen. Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir. 2002). We deny the petition for review.
The BIA did not abuse its discretion in denying Tjan's motion to reopen that he filed based on Tampubolon v. Holder, 610 F.3d 1056 (9th Cir. 2010), where Tjan did not present any evidence of individualized risk of persecution. See Halim v. Holder, 590 F.3d 971, 979 (9th Cir. 2009); 8 C.F.R. § 1003.2(c)(1) (providing that a motion to reopen "shall state the new facts that will be proven at a hearing to be held if the motion is granted and shall be supported by affidavits or other evidentiary material"). We reject Tjan's arguments regarding the agency's prior analysis of his disfavored group claims in light of our decision in Tjan v. Holder, No. 07-73532, 2010 WL 675191 (9th Cir. Feb. 23, 2010). Accordingly, we deny the petition for review.
PETITION FOR REVIEW DENIED.