Molina

MEMORANDUM **

Miguel Angel Molina, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) dismissal of his appeal from an Immigration Judge’s (“IJ”) denial of his motion to reopen, which alleges ineffective assistance of counsel. 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.

We reject the government’s contention that Molina failed to exhaust his equitable tolling claim. Molina’s notice of appeal to the BIA challenged the IJ’s determination that he failed to show ineffective assistance of counsel, which explicitly encompassed equitable tolling. The notice of appeal “was sufficient to put the BIA on notice that he was challenging the IJ’s [equitable tolling] determination, and the *814 agency had an opportunity to pass on this issue.” Zhang v. Ashcroft, 388 F.3d 713, 721 (9th Cir.2004) (per curiam).

We conclude that the BIA abused its discretion in “fmd[ing] insufficient evidence that the respondent received ineffective assistance of counsel.” Molina adequately complied with the requirements of Matter of Lozada, 19 I. & N.…