Victor Alvarado Cortez v. Eric Holder, Jr.

MEMORANDUM

Victor Hugo Alvarado Cortez, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ denial of his motion to reopen his removal proceedings. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion. Maravilla Maravilla v. Ashcroft, 381 F.3d 855, 857 (9th Cir.2004). We grant the petition and remand to the BIA.

We recognize equitable tolling of deadlines on motions to reopen “during periods when a petitioner is prevented from filing because of deception, fraud, or error, as long as the petitioner acts with due diligence in discovering the deception, fraud, or error.” Iturribarria v. I.N.S., 321 F.3d 889, 897 (9th Cir.2003). The BIA either misunderstood or failed to consider the time sequence of Alvarado Cortez’s contacts and follow up with One Stop Immigration Services as explained in the statement submitted with his appeal brief. We remand so that the BIA may “consider and address in its entirety the evidence submitted” to support Alvarado Cortez on this issue. Singh v. Gonzales, 494 F.3d 1170, 1172 (9th Cir.2007) (quoting Mohammed v. Gonzales, 400 F.3d 785, 793 (9th Cir.2005)); see also Sun v. Mukasey, 555…