Galstian

*414 MEMORANDUM ***

Voskan Galstian, a native of Iran and citizen of Armenia, petitions for. review of the order of the Board of Immigration Appeals (“BIA”) denying as untimely his motion to reopen. Because the transitional rules apply, we have jurisdiction under 8 U.S.C. § 1105a(a). See Socop-Gonzalez v. INS, 272 F.3d 1176, 1183 (9th Cir.2001) (en banc). We review the denial of a motion to reopen for an abuse of discretion, and legal issues de novo. Rodriguez-Lariz v. INS, 282 F.3d 1218, 1222 (9th Cir.2002). We grant the petition.

Galstian contends that the BIA should have equitably tolled the deadline for filing a motion to reopen due to the misconduct of his prior attorneys and legal representative. We remand for further evidence and findings on the issue of whether Galstian’s former attorneys engaged in fraudulent or deceptive conduct that would trigger equitable tolling. See Iturribarria v. INS, 321 F.3d 889, 897-98 (9th Cir.2003) (noting that equitable tolling is available in cases of deception, fraud or error); see also Cardenas-Uriarte v. INS, 227 F.3d 1132, 1138 (9th Cir.2000) (noting that the bar on taking additional evidence does not apply where additional information…