Almazan-Ramirez

MEMORANDUM **

Manuela Almazan-Ramirez, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen deportation proceedings in order to seek adjustment of status. 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 BIA abused its discretion in concluding that the late filing of AlmazanRamirez’s second motion to reopen was not excused by equitable tolling. A motion to reopen is due “no later than 90 days after the date on which the final administrative decision was rendered in the proceeding sought to be reopened.” 8 C.F.R. § 1003.2 (c)(2). Almazan-Ramirez’s representation by the counsel she alleges was ineffective extended through April 19, 2004, when the BIA dismissed her appeal regarding her first motion to reopen. On that date, the California State Bar received Almazan-Ramirez’s complaint. After a reasonable period in which she retained new counsel, Almazan-Ramirez filed the motion to reopen at issue diligently on August 20,…