Espino-Espinal

MEMORANDUM **

Felix Pedro Espino-Espinal, a native and citizen of Honduras, petitions for review of an order of the Board of Immigration Appeals (“BIA”) dismissing his appeal from an immigration judge’s (“IJ”) decision denying his motion to reopen proceedings in which he was ordered deported in absentia. We have jurisdiction pursuant to 8 U.S.C. § 1252 . Reviewing for abuse of discretion, Lo v. Ashcroft, 341 F.3d 934, 937 (9th Cir.2003), we grant the petition and remand for further proceedings.

We reject the government’s contention that Espino was not ordered deported in absentia. Espino successfully appealed pro se from his 1995 deportation order, and the BIA remanded for further proceedings. The 1995 order therefore did not become final. See 8 U.S.C. § 1101 (a)(47)(B) (defining finality of deportation order). The IJ issued the relevant *568 deportation order on October 14, 1997, after deciding “to proceed in absentia.”

The agency abused its discretion in con- . eluding that the notice of hearing sent to counsel was sufficient. Espino’s notice of appeal to the BIA stated that he was proceeding pro se, as did the BIA’s remand order of August 1, 1997 that was sent to Espino at…