Villalobos-Arellano

*791 MEMORANDUM *

José Villalobos-Arellano petitions for review of the Immigration and Naturalization Service’s reinstatement of his prior removal order and the Board of Immigration Appeals’ decision affirming the Immigration Judge’s denial of Villalobos’s motion to reopen the prior removal order. We transfer the case to the federal district court for further proceedings. Because the parties are familiar with the factual and procedural history of this case, we will not recount it here.

I

We may exercise jurisdiction over a petition arguably filed after the expiration of the time limitation when the Board of Immigration Appeals failed to comply with federal regulations in serving its decision. See Singh v. INS, 315 F.3d 1186, 1188 (9th Cir.2003); Martinez-Serrano v. INS, 94 F.3d 1256, 1259 (9th Cir.1996). Here, there is no evidence in the record that the INS complied with its own regulations and provided adequate notice of the reinstatement of Villalobos’ removal order. At the very least, as Villalobos was in criminal custody when the INS issued a notice of intent to reinstate his prior removal order, the INS should have served notice upon the person in charge of the penal…