Opinion
No. 10-71894 Agency No. A078-020-324
09-17-2012
VENTJE NELWAN, 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NOT FOR PUBLICATION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: WARDLAW, CLIFTON, and N.R. SMITH, Circuit Judges.
Ventje Nelwan, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals' ("BIA") order denying his motion to reconsider. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of motions to reconsider, Ghahremani v. Gonzales, 498 F.3d 993, 997 (9th Cir. 2007), and we deny the petition for review.
The BIA did not abuse its discretion in denying Nelwan's motion where it concluded Nelwan failed to show sufficient individualized risk, even under a disfavored group analysis, to meet the more likely than not standard for withholding of removal. See Wakkary v. Holder, 558 F.3d 1049, 1065-66 (9th Cir. 2009) ("[a]n applicant for withholding of removal will need to adduce a considerably larger quantum of individualized-risk evidence to prevail").
Further, the BIA did not abuse its discretion in declining to reconsider its prior order in light of Mufied v. Mukasey, 508 F.3d 88 (2nd Cir. 2007).
PETITION FOR REVIEW DENIED.