Kaur

MEMORANDUM **

Narinder Kaur and her son, Vikram Singh, 1 natives and citizens of India, petition for review of two decisions of the Board of Immigration Appeals (“BIA”): (1) a 2004 decision affirming an Immigration Judge’s (“IJ”) 2002 finding of adverse credibility as to Kaur and denial of her application for asylum, withholding of removal, relief under the Convention Against Torture (“CAT”), and voluntary departure; and (2) a 2007 denial of Kaur’s motion to reopen on the ground of ineffective assistance of counsel. 2 To the extent we have jurisdiction, it is pursuant to 8 U.S.C. § 1252 (a). We review the BIA’s denial of a motion to reopen for abuse of discretion, but review purely legal questions, such as due process claims, de novo. Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003). We grant the petition for review as to the motion to reopen and remand.

*67 l. The BIA abused its discretion in rejecting Kaur’s request for equitable tolling of the ninety-day filing deadline. See 8 C.F.R. § 1003.2 (c)(2); see also Iturribarria, 321 F.3d at 897 (stating that equitable tolling is available “when a petitioner is prevented from filing [a motion to reopen] because of deception,…