MEMORANDUM **

Dilbagh Singh Dilbar and Gurpreet Singh, natives and citizens of India, petition for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reopen based on ineffective assistance of counsel. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, Iturribarria v. INS, 321 F.3d *648 889, 894 (9th Cir. 2003), and we grant and remand the petition for review.

The BIA abused its discretion in denying petitioners’ motion to reopen where the record indicates that petitioners’ first attorney failed to properly notify petitioners of their hearing date. See Iturribarria, 321 F.3d at 897 (equitable tolling available where petitioner is prevented from filing because of “deception, fraud, or error”); see also AR 20-21. We therefore remand for further proceedings.

PETITION FOR REVIEW GRANTED; REMANDED.