Bernal-Beltran

MEMORANDUM **

Eduardo Bernal-Beltran, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) reinstatement of his deportation proceedings and entry of an order of deportation. We have jurisdiction pursuant to former 8 U.S.C. § 1105a(a), see Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997), and review the question of law presented de novo. See Martinez-Garcia v. Ashcroft, 366 F.3d 732, 733 (9th Cir.2004). We grant the petition for review, vacate Bernal-Beltran’s order of deportation, and remand.

There was no failure to exhaust administrative remedies in this case, as Bernal-Beltran has not failed to pursue any remedy available to him as of right. See Noriega-Lopez v. Ashcroft, 335 F.3d 874, 881 (9th Cir.2003).

We proceed to review the merits of the BIA’s decision to reinstate Bernal-Beltran’s deportation proceedings. While Bernal-Beltran challenges the decision most directly by means of an equitable estoppel argument, his brief twice contends that the Board “gave no reason why it ordered removal.” The issue has thus been adequately, although inartfully, raised.

In its 2001 decision, the BIA administratively closed Bernal-Beltran’s…