Villatoro-Blanco

MEMORANDUM **

Jose Israel Villatoro-Blaneo, a native and citizen of El Salavador, petitions for review of the Board of Immigration Appeals’s (“BIA”) order summarily affirming an immigration judge’s (“IJ”) order denying Villatoro-Blanco’s motion to reconsider the IJ’s denial of Villatoro’s motion to reopen proceedings in which he was deported in absentia. We have jurisdiction under 8 U.S.C. § 1252 . We review the IJ’s decision as the final agency order. Falcon Carriche v. Ashcroft, 350 F.3d 845, 849 (9th Cir.2003). We review for abuse of discretion the denial of a motion to reconsider. Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002). We grant the petition for review and remand with instructions.

Villatoro-Blaneo contends that he did not receive notice of his deportation hearing, which the government contends was sent by regular mail. He filed a motion to reopen and the IJ denied the motion without considering Villatoro-Blanco’s evidence to rebut the presumption of delivery for service by regular mail. See Salta v. INS, 314 F.3d 1076, 1079 (9th Cir.2002) (requiring a sworn affidavit that notice was not received). Because Villatoro-Blaneo had no motive to avoid his deportation…