Kedem

MEMORANDUM **

Kedem petitions this court for review of the Board of Immigration Appeals’s (“BIA”) decision vacating the Immigration Judge’s (“IJ”) grant of asylum arid denying Kedem’s motion to reopen. We remand to the BIA for further proceedings consistent with this disposition.

Kedem’s argument that he is eligible for asylum is predicated on the factual assumption that all Israeli men are subject to compulsory active reserve duty through age 45. However, the record evidence is ambiguous on this point — an ambiguity the parties could not clear up at oral argument — making it unclear whether 45 or 40 is the correct age. If the former, then Kedem may be eligible for asylum relief. If the latter, Kedem would not be eligible because he is already 43 years of age and would not be subject to compulsory military service.

The BIA’s decision also failed to articulate the factual basis for its rejection of the IJ’s finding that if Kedem were returned *272 to Israel he would be required to engage in inhuman conduct as a result of his military obligations. On remand, we ask the BIA to determine the age range subject to compulsory active reserve service in Israel. If the BIA answers the…