Chaires

MEMORANDUM **

Juan Carlos Macias Chaires (“Macias”), a native and citizen of Mexico, petitions for *559 review of the Board of Immigration Appeals’ (“BIA”) dismissal of the Immigration Judge’s denial of Macias’s motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen. Singh v. INS, 213 F.3d 1050, 1052 (9th Cir.2000). The BIA’s factual findings may only be reversed if the evidence compels a different result. Celis-Castellano v. Ashcroft, 298 F.3d 888, 891 (9th Cir.2002). We grant the petition for review and remand.

Macias contends that he failed to appear at his April 8, 1999 asylum hearing because he was exhausted from sleep deprivation, loss of appetite, anxiety and depression arising from a recent break-up with his partner of three years, and the day before his hearing he took Xanax, an anti-anxiety medication which causes drowsiness. Macias provided a letter from his physician who treated him on April 7, 1999. The physician stated that Macias suffered from “an acute situational depression with a significant anxiety component exacerbated by sleep deprivation and extreme fatigue.” The…