Glenny Nicholas Tenda v. ERIC H. HOLDER, Jr., Attorney General

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
GLENNY NICHOLAS TENDA,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 11-72416
Agency No. A093-321-012
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 24, 2013**
Before: ALARCÓN, CLIFTON, and CALLAHAN, Circuit Judges.
Glenny Nicholas Tenda, a native and citizen of Indonesia, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order denying his motion
for reconsideration. Our jurisdiction is governed by 8 U.S.C. § 1252. Reviewing
FILED
JUL 31 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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for an abuse of discretion, Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir. 2002),
we deny in part and dismiss in part the petition for review.
Tenda contends the BIA abused its discretion in denying his motion for
reconsideration of his application for withholding of removal in light of this court’s
decisions in Wakkary v. Holder, 558 F.3d 1049 (9th Cir. 2009), and Tampubolon v.
Holder, 610 F.3d 1056 (9th Cir. 2010). We reject Tenda’s argument in light of our
prior decision, Tenda v. Mukasey, No. 05-73268, 2008 WL 4830728 (9th Cir. Nov.
3, 2008), in which this court applied the disfavored group analysis to Tenda’s
withholding of removal claim based on his status as an Indonesian Christian and
rejected it. This court lacks jurisdiction to review Tenda’s claim that he is eligible
for withholding of removal as an ethnic Chinese Indonesian because he failed to
raise it to the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004). We
also lack jurisdiction to review his argument that he faces an individualized risk of
persecution due to his United States citizen son. See id.
Further, we deny Tenda’s motion to take judicial notice of the two versions
of the 2010 U.S. Department of State International Religious Freedom Report for
Indonesia. See Fisher v. INS, 79 F.3d 955, 963 (9th Cir. 1996) (en banc).

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11-72416 3
Finally, we reject Tenda’s requests that the court reconsider its stance
regarding a pattern or practice of persecution or require the BIA to reconsider his
motion on this basis.
PETITION FOR REVIEW DENIED in part; DISMISSED in part.

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