Wlostowska

MEMORANDUM **

Katarzyna Maria Wlostowska, a native and citizen of Poland, petitions for review of the decision of the Board of Immigration Appeals (“BIA”), affirming the immigration judge’s order denying as untimely her motion to reopen to apply for adjustment of status. Because the transitional rules apply, see Socop-Gonzalez v. INS, 272 F.3d 1176, 1183 (9th Cir.2001) (en banc), we have jurisdiction under 8 U.S.C. § 1105a(a). We review the denial of motions to reopen for abuse of discretion, and legal issues de novo. Rodriguez-Lariz v. INS, 282 F.3d 1218, 1222 (9th Cir.2002). We grant the petition for review.

Wlostowska contends that the BIA erred by failing to equitably toll the time period for filing a motion to reopen based on the misconduct of Wlostowska’s two prior attorneys and their legal assistants. We agree.

The time period for filing Wlostowska’s motion to reopen should be tolled until she became aware of the harm resulting from the misconduct of her legal representa-fives. See Fajardo v. INS, 300 F.3d 1018, 1022 (9th Cir.2002) (holding that the limitation period on motions to reopen was tolled until petitioner retained new counsel and became aware of the harm…