Singh

MEMORANDUM **

Pal Singh, a native and citizen of India, petitions for review of the Board of Immi *74 gration Appeals’ (“BIA”) denial of his motion to reconsider. We have jurisdiction pursuant to 8 U.S.C. § 1252 . Reviewing for abuse of discretion, Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002), we grant the petition for review and remand for further proceedings.

We reject the government’s contention that Singh waived review of the motion to reconsider, as his brief adequately specifies the BIA order concerned.

Singh’s motion to reconsider was an expanded version of the motion to remand he submitted to the BIA prior to its decision on his appeal. “[T]o the extent that the BIA in denying the motion adopted the underlying reasoning and holding of its prior opinion, we look to that underlying opinion.” Ma v. Ashcroft, 361 F.3d 553, 557 (9th Cir.2004). We conclude that the BIA abused its discretion by failing to address Singh’s motion to remand, which included prior counsel’s March 2002 notice of appearance that preceded the February 2003 Notice to Appear (“NTA”) at issue. As the BIA has not addressed Singh’s argument that this NTA and the subsequent hearing notice should…