Duran

MEMORANDUM **

Petitioner Zandra Elizabeth Duran (“Petitioner”), a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) denial of her motion to reopen removal proceedings held in absentia. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review the denial of a motion to reopen for abuse of discretion, see Bhasin v. Gonzales, 423 F.3d 977, 983 (9th Cir.2005), and we grant the petition for review.

The BIA abused its discretion when it concluded that Petitioner did not demonstrate exceptional circumstances, pursuant to 8 U.S.C. § 1229a(b)(5)(C)(l) and (e)(1), to excuse her absence from her hearing before the Immigration Judge (“IJ”). On December 12, 2002, while Petitioner was in custody, she was served with a Notice to Appear charging her with removability. The notice did not indicate a time and place for the hearing. On January 2, 2003, Petitioner received a second notice stating that the hearing was scheduled for January 14, 2003. On January 14, 2003, Petitioner received a third notice, stating that the hearing had been moved to February 6, 2003. On January 21, 2003, after Petitioner had been bonded out of custody, the…