FISHER, Circuit Judge:
For the second time in six years, we hold that the Board of Immigration Appeals has authority to reopen proceedings of an alien who is under a final order of removal in order to afford the alien an opportunity to pursue an adjustment of status application before United States Citizenship and Immigration Services. See Kalilu v. Mukasey, 548 F.3d 1215, 1217-18 (9th Cir.2008). This authority is granted, at minimum, by the unambiguous language of 8 C.F.R. § 1003.2(a), which states that "[t]he Board may at any time reopen or reconsider on its own motion any case in which it has rendered a decision." Because the Board's contrary holding in Matter of Yauri, 25 I. & N. Dec. 103 (BIA 2009), contravenes this regulation's plain language, we accord it no deference and decline to follow it.
In 2008, an immigration judge (IJ) found the petitioner, Tarlochan Singh, excludable from the United States, denied Singh's requests for asylum, withholding of removal and relief under the Convention Against Torture and ordered that he be excluded and deported from the country. Singh appealed the IJ's decision to the Board of Immigration Appeals (BIA or Board), and the Board dismissed Singh's appeal, making Singh subject to an administratively final order of removal. See Ocampo v. Holder, 629 F.3d 923, 928 (9th Cir.2010); 8 U.S.C. § 1101(a)(47)(B); 8 C.F.R. § 1241.1(a).
Ninety days later, in February 2010, Singh filed a timely motion to reopen his exclusion proceedings. See 8 U.S.C. § 1229a(c)(7)(C)(i) (providing that a motion to reopen is timely when filed within 90 days of the date of entry of a final administrative order of removal); 8 C.F.R. § 1003.2(c)(2) (same). In his moving papers, Singh explained that he had married Patricia Kay Singh, a United States citizen, in January 2009. In June 2009, Ms. Singh had filed an immigration visa petition on Singh's behalf, and in August 2009, United States Citizenship and Immigration Services (USCIS) had approved the petition. Accordingly, in November 2009, Singh had filed an application for adjustment of status with USCIS, seeking to adjust his status to that of legal permanent resident. Singh argued that the Board should reopen and continue his exclusion proceedings to afford him an opportunity to pursue his adjustment of status application before USCIS without the risk of being removed. Reopening would have protected Singh from removal because "the grant of a motion to reopen automatically vacates" a removal order. Plasencia-Ayala v. Mukasey, 516 F.3d 738, 745-46 (9th Cir.2008), overruled on other grounds by Marmolejo-Campos v. Holder, 558 F.3d 903 (9th Cir.2009) (en banc). Without reopening, Singh remains subject to a final order of removal and could be removed from the United States. If removed, his adjustment of status application would be deemed abandoned, see 8 C.F.R. § 245.2(a)(4)(ii)(A), and he would be precluded from reapplying for adjustment of status until he returned to the United States, which he could not do for 10 years, see 8 U.S.C. § 1182(a)(9)(A)(ii)(II); 8 C.F.R. § 245.1(a). See Kalilu, 548 F.3d at 1218.
The BIA nonetheless denied Singh's motion to reopen. Relying on its precedential decision in Matter of Yauri, 25 I. & N. Dec. 103, decided after Kalilu, the Board ruled that "we do not have authority to reopen proceedings of aliens who are under a final order of exclusion to pursue an adjustment application where we have no jurisdiction over the adjustment application."
The denial of a motion to reopen is a final administrative decision subject to our judicial review. See Oyeniran v. Holder, 672 F.3d 800, 805 (9th Cir.2012). Our jurisdiction arises under 8 U.S.C. § 1252. See Meza-Vallejos v. Holder, 669 F.3d 920, 923 (9th Cir.2012).
We held in Ekimian v. INS, 303 F.3d 1153, 1159 (9th Cir.2002), that we lack jurisdiction to review a BIA decision not to reopen proceedings sua sponte under 8 C.F.R. § 3.2(a), now 8 C.F.R. § 1003.2(a). See also Sharma v. Holder, 633 F.3d 865, 874 (9th Cir.2011); Minasyan v. Mukasey, 553 F.3d 1224, 1229 (9th Cir.2009); Toufighi v. Mukasey, 538 F.3d 988, 993 n. 8 (9th Cir.2008); Abassi v. INS, 305 F.3d 1028, 1032 (9th Cir.2002). That jurisdictional bar, however, rests on the absence of a judicially manageable standard for us to evaluate the BIA's exercise of discretion in ruling on a motion to reopen. See Ekimian, 303 F.3d at 1159. Where, as here, the BIA concludes that it lacks the authority to reopen, rather than denying a motion to reopen as an exercise of discretion, we hold that Ekimian does not preclude our jurisdiction.
We review the denial of a motion to reopen for an abuse of discretion. See Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002). "The BIA abuses its discretion when it acts arbitrarily, irrationally, or contrary to the law, and when it fails to provide a reasoned explanation for its actions." Tadevosyan v. Holder, 743 F.3d 1250, 1252-53 (9th Cir.2014) (internal quotation marks omitted).
"An agency's interpretation of its own regulation is `controlling' if it is not `plainly erroneous or inconsistent' with the regulation." L.A. Closeout, Inc. v. Dep't of Homeland Sec., 513 F.3d 940, 942 (9th Cir.2008) (quoting Auer v. Robbins, 519 U.S. 452, 461, 117 S.Ct. 905, 137 L.Ed.2d 79 (1997)). Thus, "we defer to the agency's interpretation ... unless an alternative reading is compelled by the regulation's plain language or by other indications of the [agency's] intent at the time of the regulation's promulgation." Id. (alteration in original) (quoting Bassiri v. Xerox Corp., 463 F.3d 927, 931 (9th Cir.2006)) (internal quotation marks omitted).
In his petition for review, Singh contends the BIA abused its discretion when it concluded that it lacked authority to reopen his exclusion proceedings. We agree. Because the BIA denied Singh's motion to reopen in reliance on its precedential decision in Matter of Yauri, we begin by summarizing that decision.
In 2003, the BIA entered a final administrative order in Yauri's removal proceedings,
The Board denied Yauri's motion to reopen. It began by noting that, because Yauri was an arriving alien rather than an admitted one, only USCIS, not an immigration judge or the BIA, had jurisdiction over Yauri's application for adjustment of status. See Matter of Yauri, 25 I. & N. Dec. at 107 (citing 8 C.F.R. § 245.2(a)(1)). Next, the Board reasoned that, although Yauri had filed a motion to reopen and continue her removal proceedings pending USCIS' consideration of her adjustment application, Yauri effectively was seeking "a stay of removal pending adjudication of an application by the USCIS." Id. at 108-09 & n. 4 (emphasis added). Thus, rather than asking whether it had authority to reopen and continue Yauri's proceedings, the Board asked whether it had statutory or regulatory authority to issue a "stay" of removal. See id. at 108-10.
The Board held that it lacked such authority. It reasoned that the sole source of its authority to enter a stay of removal was found in 8 C.F.R. § 1003.2(f) and concluded that § 1003.2(f) did not authorize a stay of removal for purposes of pursuing an application for adjustment of status before another agency. See id. at 109.
Id. On the strength of this reasoning, the Board concluded that it had "not been granted authority to reopen the proceedings of respondents who are under a final administrative order of removal to pursue matters that could affect their removability if we have no jurisdiction over such matters." Id. at 110.
We decline to follow Yauri. As noted, we are bound to follow an agency's reasonable interpretations of its own regulations, but we do not defer to an agency's interpretation when it is contrary to the plain language of the regulation. See Lal v. INS, 255 F.3d 998, 1004, amended by 268 F.3d 1148 (9th Cir.2001). That is the case here. Section 1003.2(a) plainly and unambiguously states that "[t]he Board may at any time reopen or reconsider on its own motion any case in which it has rendered a decision." 8 C.F.R. § 1003.2(a) (emphasis added). The Board therefore had authority to reopen Singh's proceedings under § 1003.2(a).
Section 1003.2(f), upon which the BIA relied in Yauri, is not to the contrary. By its plain language, that provision simply gives the Board authority to grant a stay of removal while a motion to reopen is pending — after the motion has been filed but before it has been acted on by the BIA. The provision does not restrict the BIA's broad power to grant a motion to reopen in any case or suggest in any way that the BIA should refrain from reopening proceedings for the purpose of affording an alien the opportunity to pursue relief from removal before another agency. On the contrary, subsections 1003.2(a) and (f) are fully consistent with BIA's broad authority to grant motions to reopen in any case.
The Board's conclusion that it lacks the authority to reopen Singh's case is also contrary to our decision in Kalilu. There, as here, the Board denied the petitioner's timely motion to reopen, concluding that it lacked jurisdiction to reopen because USCIS, rather than the immigration court, had jurisdiction over the petitioner's adjustment of status application. See Kalilu, 548 F.3d at 1217-18. We rejected the BIA's conclusion that it lacked jurisdiction to reopen the petitioner's case, holding that "the BIA's denial of Petitioner's motion to reopen solely on jurisdictional grounds constitutes an abuse of discretion," id., and remanding for the Board to exercise its discretion, see id. at 1218. In Yauri, the Board declined to follow Kalilu, concluding that the decision did not speak directly to the Board's authority to reopen for the purpose of effecting a stay. See Matter of Yauri, 25 I. & N. Dec. at 108 n. 3. We disagree.
Kalilu specifically held that the Board had jurisdiction to grant a motion to reopen "in order to provide time for USCIS to adjudicate a pending application" for adjustment of status. Kalilu, 548 F.3d at 1218. Yauri's rationale for disregarding Kalilu therefore constitutes legal error. Given that the BIA ordinarily "follows the law of the circuit in which an individual case arises," Jama v. Immigration & Customs Enforcement, 543 U.S. 335, 350 n. 10, 125 S.Ct. 694, 160 L.Ed.2d 708 (2005); see also Matter of K-S-, 20 I. & N. Dec. 715, 718 (BIA 1993); Matter of Anselmo, 20 I. & N. Dec. 25, 31-32 (BIA 1989), the BIA has failed to adequately explain its decision not to follow Kalilu in Singh's case. See Movsisian v. Ashcroft, 395 F.3d 1095, 1098 (9th Cir.2005) ("We have long held that the BIA abuses its discretion when it fails to provide a reasoned explanation for its actions.").
The government argues the BIA's error in ruling that it lacked authority to reopen Singh's case was harmless because the BIA could have denied Singh's motion as an exercise of discretion. We may uphold a decision of the BIA, however, solely on the grounds given by the agency. See Andia v. Ashcroft, 359 F.3d 1181, 1184 (9th Cir.2004) ("In reviewing the decision of the BIA, we consider only the grounds relied upon by that agency. If we conclude that the BIA's decision cannot be sustained upon its reasoning, we must remand to allow the agency to decide any issues remaining in the case."). Because the BIA denied Singh's motion only for lack of authority, we grant the petition and remand to the BIA.
In sum, we hold the BIA erred when it denied Singh's motion to reopen for lack of authority. Because the BIA's decision was contrary to law, it abused its discretion. We grant the petition for review in No. 10-72626 and remand to the BIA for an exercise of the agency's discretion. See Kalilu, 548 F.3d at 1218. We express no opinion on how that discretion should be exercised.
8 C.F.R. § 1003.2(f).