Singh

MEMORANDUM **

Gurmail Singh, a native and citizen of India, petitions for review of two orders of the Board of Immigration Appeals (“BIA”), one dismissing his appeal from an immigration judge’s (“IJ”) order denying his motion to reopen deportation proceedings, and another denying his motion to *630 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 in No. 04-75580 and remand for further proceedings. We dismiss No. 05-70765 as moot.

The agency has not addressed Singh’s argument that his Order to Show Cause (“OSC”) should also have been sent to his counsel of record pursuant to 8 C.F.R. § 292.5 (a), which states that “[wjhenever a person is required by any of the provisions of this chapter to ... be served ... [such service] shall be [upon] the attorney or representative of record.” Cf. Dalip Singh v. Gonzales, 469 F.3d 863, 865-66 (9th Cir.2006) (“To succeed on his claim that the BIA abused its discretion, Singh must establish that the [agency] failed to comply with the terms of its own regulations.”). Singh’s affidavit alleges that his prior…