Liu

MEMORANDUM ***

Ying Liu, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing an appeal from an immigration judge’s (“IJ”) decision denying her motion to reopen in absentia removal proceedings due to ineffective assistance of counsel. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen, and review de novo purely legal questions including due process claims. Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003). We grant in part and deny in part the petition for review, and remand.

Liu’s motion is properly deemed a motion to reopen. See 8 C.F.R. § 1003.2 (c); Iturribarria, 321 F.3d at 894-97 . The BIA abused its discretion in finding Liu’s motion barred by statutory time and number limits because Liu is entitled to equitable tolling that brings her motion within the statutory requirements. See Iturribarria, 321 F.3d at 897 (“This court ... recognizes equitable tolling of deadlines and numerical limits on motions to reopen ... when a petitioner is prevented from filing because of deception, fraud, or error, as long as the petitioner acts with due diligence in…