Barseghian

MEMORANDUM **

Rafik Barseghian, a native and citizen of Iran, petitions for review of the decision of the Board of Immigration Appeals (“BIA”) dismissing his appeal of the denial by an Immigration Judge (“IJ”) of his motion to reopen deportation proceedings. The IJ ordered Barseghian deported in absentia after he failed to appear for his February 12, 1998 deportation hearing, and denied his timely motion to reopen because Barseghian failed to demonstrate “exceptional circumstances” as set forth in 8 U.S.C. § 1252b(c)(3). We have jurisdiction under 8 U.S.C. § 1105a(a) 1 , and we grant Barseghian’s petition.

*807 We review the BIA’s denial of a motion to reopen deportation proceedings for abuse of discretion. See Garcia v. INS, 222 F.3d 1208, 1209 (9th Cir.2000). An order for deportation entered in absentia may be rescinded “if the alien demonstrates that the failure to appear was because of exceptional circumstances.” See id.; 8 U.S.C. § 1252b(c)(3)(A). In determining whether “exceptional circumstances” exist we must look to the particularized facts and the totality of the circumstances presented in each case. See Singh v. INS, 213 F.3d 1050, 1052 (9th Cir.2000). In looking at…