Pasonok

MEMORANDUM **

Yuri, Svetlana, and Anna Pasonok (“the Pasonoks”) seek review of the Board of Immigration Appeals’s (“BIA’s”) affirmance, without opinion, of the Immigration Judge’s decision finding them ineligible for asylum and withholding of removal. We grant the petition in part, deny it in part, and remand to the BIA for further proceedings.

I. Eligibility for Asylum and Withholding of Removal

Because the BIA affirmed without opinion, we review the Immigration Judge’s decision as the final agency action, and we must uphold that decision if it is supported by reasonable, substantial and probative evidence on the record considered as a whole. Mansour v. Ashcroft, 390 F.3d 667, 671 (9th Cir.2004); see also INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). Because the Immigration Judge made no adverse credibility finding, we take as true the Pasonoks’ testimony that they suffered, and may expect to suffer in the future, from discrimination in housing, education, and employment as ethnic Russians in Estonia. See Mansour, 390 F.3d at 672 .

The evidence in the record does not compel the conclusion that this discrimination rose to the level of…