In a petition for review of the BIA's order finding petitioner statutorily ineligible for asylum, the petition is granted where the BIA was required to determine whether, in an exercise of discretion, petitioner merited a grant of asylum under 8 U.S.C. section 1158(b).
Argued and Submitted December 10, 2008
Filed January 4, 2010
Opinion by Judge Pregerson
Haleh Mansouri, Los Angeles, CA
Stuart Nickum, Department of Justice Trial Attorney, Washington, DC