Alaniz

MEMORANDUM

Petra Huizar Alaniz seeks review of the Board of Immigration Appeals’ (“BIA”) denial of her motion to reopen and her motion for reconsideration. We vacate the denials and remand.

On May 16, 2005, the BIA dismissed Alaniz’s appeal from the Immigration Judge’s (“IJ”) denial of her request for cancellation of removal, and granted her sixty days in which to voluntarily depart. Although Alaniz was represented by counsel, the BIA sent notice of its decision to Alaniz and not her attorney.

On August 10, 2005, Alaniz filed a motion to reopen and motion to stay removal. On October 19, 2005, the BIA denied tne motions, stating that because she had failed to depart within the sixty days allotted for her voluntary departure she was not eligible for any relief.

On November 15, 2005, Alaniz filed a petition for review with the Ninth Circuit (No. 05-76514) and also filed a motion to reconsider with the BIA. In the motion to reconsider, Alaniz asserted that the BIA had violated its own regulations by failing to serve its May 16, 2005 decision on Alan-iz’s counsel. On January 23, 2006, the BIA admitted that counsel had not been sei*ved, but found that this was no basis for…