FILED
NOT FOR PUBLICATION OCT 25 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
NGADIMIN MARTOREBO, No. 07-75108
Petitioner, Agency No. A095-618-243
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 19, 2010 **
Before: O’SCANNLAIN, TALLMAN, and BEA, Circuit Judges.
Ngadimin Martorebo, a native and citizen of Indonesia, petitions for review
of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an
immigration judge’s decision denying his application for withholding of removal
and denying his motion to remand. We have jurisdiction under 8 U.S.C. § 1252.
*
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).
We review for substantial evidence factual findings, Nagoulko v. INS, 333 F.3d
1012, 1015 (9th Cir. 2003), and for abuse of discretion the denial of a motion to
remand, Romero-Ruiz v. Mukasey, 538 F.3d 1057, 1062 (9th Cir. 2008). We deny
the petition for review.
Substantial evidence supports the BIA’s denial of withholding of removal
because Martorebo failed to demonstrate it is more likely than not that he or his
children will be persecuted because his children are citizens of the United States.
See Nagoulko, 333 F.3d at 1018 (fear of future harm is too speculative).
The agency was within its discretion in denying Martorebo’s motion to
remand because the BIA considered the evidence submitted and acted within its
broad discretion in determining that the evidence was insufficient to warrant
remand. See Romero-Ruiz, 538 F.3d at 1062 (“The BIA abuses its discretion if its
decision is arbitrary, irrational, or contrary to law.”) (internal citation and
quotations omitted).
PETITION FOR REVIEW DENIED.
2 07-75108