Galvan

MEMORANDUM **

Juana Campos Galvan, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) denial of her motion to reopen her removal proceedings, in which she applied for cancellation of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . Reviewing for abuse of discretion, Singh v. INS, 213 F.3d 1050, 1052 (9th Cir.2000), we grant the petition for review and remand for further proceedings.

To the extent that Campos Galvan failed to challenge the BIA’s denial of reconsideration in her opening brief, we retain discretion to review the order, “because the government briefed [the issue of timeliness], and thus suffers no prejudice from [Campos Galvan’s] failure to properly raise the issue.” Singh v. Ashcroft, 361 F.3d 1152 ,1157 n. 3 (9th Cir.2004).

The BIA abused its discretion by treating Campos Galvan’s motion to reopen as a motion to reconsider, where the motion was supported by new and material evidence including, it appears, documentation submitted on July 1, 2002. See 8 C.F.R. § 1003.2 (b)(1); Iturribarria v. INS, 321 F.3d 889, 895 (9th Cir.2003) (“It is implicit in subsection (b)(1) that the BIA will reconsider the party’s…