Staipho

MEMORANDUM **

Petitioners Khairalla Elias Staipho, Nahia Khairildeen Yacoub, and Wissam Khairalla Staipho are a husband, wife and their adult son. The Staiphos are natives and citizens of Iraq. They fled Iraq in 1995. After several years of living in other countries they traveled to the United States’ border with Mexico where they applied for asylum in the United States. 1 *784 The immigration judge (“IJ”) determined that the Staiphos were eligible for asylum but denied asylum as a matter of discretion — the IJ, however, did grant withholding of removal. The Staiphos filed this petition for review arguing that the IJ failed to follow required procedures when making the discretionary decision on whether to grant asylum. Jurisdiction is conferred by 8 U.S.C. § 1252 . We grant the petition and remand.

Where, as here, eligibility for asylum is established, the attorney general’s discretionary denial is conclusive unless manifestly contrary to the law and an abuse of discretion. 8 U.S.C. § 1252 (b)(4)(D); Kalubi v. Ashcroft, 364 F.3d 1134, 1137 (9th Cir.2004). When the Board of Immigration Appeals (“BIA”) summarily affirms the order of the IJ without comment, as occurred here, we…