Dzandu

MEMORANDUM **

Esther Dzandu and her son, Emmanuel Kwadwa Dwomo-Tweneboah, petition this court to review an order of the Board of Immigration Appeals (“BIA”) affirming an immigration judge’s (“IJ”) denial of their motion to terminate removal proceedings. Petitioners contend that the INS 1 is equitably estopped from removing them because the INS violated its regulations when it rescinded their adjustment of status. Additionally, petitioners argue that the INS’s regulatory violations rendered their removal orders unlawful. We grant the petition for review, vacate the underlying rescission and removal orders, and remand for a new rescission hearing.

Jurisdiction

We have jurisdiction over a timely petition for review of a final order of removal under 8 U.S.C. § 1252 (b). Our jurisdiction over final orders of removal “carries with it the power to examine the validity of [a] rescission order that lies at the base of the [removal] order.” Bachelier v. INS, 625 F.2d 902, 904 (9th Cir.1980). Absent such review, “where the final order entirely depends upon the rescission of status, as in this case, our review of the [removal] order would be meaningless.” Id. (citing Waziri v. INS, 392…