MEMORANDUM **

Jorge Lozano Valle, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s order denying his 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, Ghahremani v. Gonzales, 498 F.3d 993, 997 (9th Cir. 2007), and we grant the petition for review.

The agency appears to adopt an incorrect legal standard, conflating events that warrant suspicion of former counsel’s conduct with actual knowledge of former counsel’s alleged errors. See Singh v. Gonzales, 491 F.3d 1090, 1096 (9th Cir. 2007) (“[Suspicion of the deficient representation does not constitute definitive knowledge of the alleged fraud.”). Accordingly, we grant the petition for review and remand to the agency. See generally INS v. Ventura, 537 U.S. 12, 16, 123 S.Ct. 353, 154 L.Ed.2d 272 (2002) (per curiam) (“[T]he proper course, except in rare circumstances, is to remand to the agency for additional investigation or explanation.”) (citation omitted).

PETITION FOR REVIEW GRANTED; REMANDED.