Galyautdinov

MEMORANDUM *

Petitioner Shamil Galyautdinov, a native and citizen of Russia, seeks review of the denial of asylum and withholding of removal, but grant of voluntary departure by the Immigration Judge. The Board of Immigration Appeals (BIA) affirmed the Immigration Judge’s decision without opinion. *803 Galyautdinov alleges that (1) the Immigration Judge’s exclusion of several documents from consideration at his immigration hearing violated due process; and (2) the Immigration Judge’s determination that he was ineligible for asylum was not based on substantial evidence. We have jurisdiction under 8 U.S.C. § 1252 (a)(1), and we grant the petition for review, reverse the Immigration Judge’s decision, 1 and remand to the BIA to exercise its discretion under § 208 of the Immigration and Naturalization Act, 8 U.S.C. § 1158 (a).

A determination of ineligibility for asylum is affirmed if supported by reasonable, substantial and probative evidence in the record, INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992), but the petition for review is granted if the petitioner presents evidence that would compel a reasonable fact-finder to conclude that he had a…