Keshishyan

MEMORANDUM **

Bardukh Keshishyan, a native of Iran and citizen of Armenia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order summarily affirming without *670 opinion an immigration judge’s (“IJ”) order denying his motion to reopen removal proceedings due to ineffective assistance of counsel. We have jurisdiction pursuant to 8 U.S.C. § 1252 . Reviewing for abuse of discretion, Socop-Gonzalez v. INS, 272 F.3d 1176, 1187 (9th Cir.2001) (en banc), we grant the petition for review and remand for further proceedings.

The IJ abused his discretion in concluding that the late filing of Keshishyan’s motion to reopen was not excused by equitable tolling. After learning in May 2002 from prior counsel, Walter Burner, that Burner had failed to file an appeal with the BIA, Keshishyan proceeded pro se to satisfy the requirements of Matter of Lozada, 19 I. & N. Dec. 637 (BIA 1988). Upon receiving a favorable decision from the Connecticut Bar on November 14, 2002 in response to his complaint about Burner's misconduct, Keshishyan diligently retained current counsel. Counsel filed the motion to reopen at issue with the Immigration Court on February 4, 2003, within 90 days…