Potoi

MEMORANDUM **

Paula Lupe Tunai Potoi, a native and citizen of Tonga, challenges pro se a Board of Immigration Appeals (“BIA”) decision *386 affirming an immigration judge’s (“IJ”) determination that Potoi abandoned his application for adjustment of status, and was therefore subject to removal. We have jurisdiction under 28 U.S.C § 1292. We review de novo claims of due process violations in removal proceedings. Sanchez-Cruz v. INS, 255 F.3d 775, 779 (9th Cir.2001). We grant the petition for review and remand.

Potoi contends that his due process rights were violated when the IJ deemed his application abandoned because he did not prove the nationality or employment of the sponsor for his affidavit of support. We agree.

The IJ had a heightened duty to develop the record and explain the governing legal standards because Potoi was a pro se litigant in custody. See Agyeman v. INS, 296 F.3d 871, 884 (9th Cir.2002) (finding a due process violation where an IJ deported a pro se, in-custody litigant for not producing a court specified witness where other evidence could have been utilized to meet the necessary evidentiary burden). Here, the record indicates the IJ did not tell Potoi what…