Singh

MEMORANDUM **

Gurwinder Singh, a native and citizen of India, petitions for review of the Board of *100 Immigration Appeals’ (“BIA”) order adopting and affirming an immigration judge’s (“IJ”) decision denying his motion to reopen removal proceedings conducted in absentia. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion and will reverse the agency’s denial of a motion to reopen if it is “arbitrary, irrational, or contrary to law.” Singh v. INS, 295 F.3d 1037, 1039 (9th Cir.2002) (citation omitted). We grant the petition for review.

The agency abused its discretion in denying Singh’s motion to reopen for failure to establish “exceptional circumstances” within the meaning of 8 U.S.C. §§ 1229a(b)(5)(C) and 1229a(e)(l). First, on the day of his hearing, Singh’s counsel notified the immigration court that Singh would be unable to attend, and, on the same day, Singh’s chiropractor testified telephonically about Singh’s back condition. Second, the IJ found it dispositive that Singh’s chiropractor opined that Singh’s “back condition should not have prevented him from attending court.” The government concedes, and a review of the record confirms, that the…