Daudi

MEMORANDUM

Mohammad and Pari Daudi, and their children Murssal and Soheyl, petition for review of the denial of a new hearing by the Board of Immigration Appeals (“BIA”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . We grant the petition and remand for a new removal hearing. Because the parties are familiar with the factual and procedural history of the case, we need not recount it here.

We review a decision of the BIA for abuse of discretion. Morales Apolinar v. Mukasey, 514 F.3d 893, 895 (9th Cir.2008). We uphold the decision unless the BIA “acted arbitrarily, irrationally, or contrary to law.” Singh v. INS, 213 F.3d 1050 , 1052 (9th Cir.2000) (internal quotation marks omitted).

Here, the BIA was faced with what appeared to be two timely filed motions to reopen. The first was filed by a lawyer associated with the Daudis’s lawyer on appeal. The motion presented evidence that the BIA had sent its denial of appeal to the wrong address and requested that the BIA reissue the denial. It was not accompanied by a motion to stay removal or the voluntary departure period. The second was filed by a new and unaffiliated lawyer. It was accompanied by a motion to stay removal and…