Nath

Narayan Prasad Nath, a native and citizen of Fiji, petitions for review of the Board of Immigration Appeals’ (“BIA”) denial of his motion to reopen. The BIA upheld an Order of Removal or deportation against Nath under 8 U.S.C. § 1227 (a)(2)(A)(iii) (“Any alien who is convicted of an aggravated felony at any time after admission is deportable.”). In his motion to reopen, Nath asserted that his conviction under Cal. Health & Safety Code § 11378 for possession of a controlled substance for sale was vacated, and that the vacated conviction cannot serve as the basis of removal. He also claims that his guilty plea thereafter to a new drug offense does not establish a conviction of an offense giving rise to removal. We review the BIA’s ruling on the motion to reopen for an abuse of discretion and will reverse the denial of the motion to reopen only if the BIA acted “ ‘arbitrarily, irrationally, or contrary to law.’ ” Maravilla Maravilla v. Ashcroft, 381 F.3d 855, 857 (9th Cir.2004) (quoting Singh v. INS, 213 F.3d 1050, 1052 (9th Cir.2000)). For the reasons set forth below, we grant the petition.

JURISDICTION

Our jurisdiction is governed by 8 U.S.C. § 1252 , as amended by § 106(a) of…