the immigration judge found that the petitioner was not credible because she didn't understand why north koreans that were fleeing persecution in north korea would go to china and he used that determination to say that petitioner was not telling the truth flee somewhere else the petitioner here left china stopped off in south korea for a short stint before he flew to canada many crossed into the border into the united states i believe is also in japan he was told by the individual by the snakeheads that help smuggle him out of china that if you was caught somewhere else he would be extradited back to china he was it was just a short stance and the fact that he chose not to go somewhere else i don't see how that holds on his credibility as to the immigration judge found that position or it was incredible because he didn't have any problems before so under this logic as long as you're not caught doing something and you know it's you're not credible he was caught a house having a house church gathering that he hosted for that time and he was arrested they had north korean refugees inside the house and they were also conducting a religious service there's really no inconsistency again determination on next would be the number of church meetings that the petitioner had the immigration judge took issue with this point because the petitioner worked in china as a tour guide and part of his routine might say was that part of the year was the high season for tourism and he was out conducting the tours the remainder of the time he was back at home doing paperwork and signing up new people to do it to do the t worst testify that he held held in believe it was eight meetings at his house during a back approximately seven month period and he also testified that the meetings rotated amongst members there's no testimony indicating that maybe they didn't double up on meetings or some people skip the meeting there's really nothing there to base that against it's just based upon the judge's speculation the next item would be which is incredible is why the petitioner needed to be in the united states to practice his religion and that he had no knowledge of the register of churches in china or testify that he attended a house church she testified that he did not attend a registered church it's would be the immigration because he testified he came to the united states to seek a better life than that basically found him not credible is that this is again disingenuous this was after the petitioner testified that he was arrested beaten detained and forced to strip down of his underwear and forced to be in the court in the call during the winter for approximately thirty minutes now called it isn't time i've heard stories on the news about when people were fighting during the korean war how people used to get extreme frostbite just from being there yes i am aware the next point would be why would the petitioner spend so much money we china if his flight was only temporary the petitioner here was in a situation where he didn't know what was going on he was persecuted he was clean and at that point in time china is this country trying where he's from he didn't want to be there so he thought maybe things will get better i'm going to leave and at that point in time he really can't be charged with not telling the truth or being incredible because then he maybe things will get better off come back when things are better but the important thing is that he have the subject to fear the west at that point the final issue which i believe is an important issue is the train ticket t with this discrepancy and he testified look there is a discrepancy in the date he testified that it was the conductor that had made it a big discrepancy and printing the ticket now if all this happened subsequent to hi the police made a mistake and said it was february twentieth that well that was just wipe out his entire claim because it deals with the persecution he had no troubles in his life his life occurred after the persecution so i would argue your honor that it is immaterial it doesn't go to the heart of the claim this is a pretty real id act so now the next issue is assuming that all those basis for credibility fail the petitioners testimony is taken it's true if you're the immigration judge assume the petitioners credibility in the alternative and there's two reasons why the petitioner was persecuted one was because when he was holding the house church at his house he had some north korean refugees in attendance at the service and second because he was holding a house church now again this is a pretty real i d act it doesn't have to be a special reason for the persecution it just has to be part of the reason for the persecution and i believe the record compels the conclusion that part of his persecution was on the basis of religion after he was beaten and suffered this mistreatment he was forced to sign a confession whereby he had to forgo his religion there is no way that you can separate th part of the persecution was due to his religion based upon the fact that he have to sign an agreement i would like to reserve the remainder of my thank you ro because of his religion or was it because he was harboring north koreans and in this particular case he he said well you were able to practice without any interference for over a year but then on this one night december eighth so you just have to be couple of quick points around or i just wanted to review again with this court what the harm exactly was that the petitioner suffered first he was arrested he was interrogated during which he was slapped vigorously in the face followed by doing tipped in his chair causing him to fall over then the interrogators proceeded to lift him up by his shirt collar and punch him in the face which caused him to have a bloody lip and a nose afterwards while he was on the ground he was kicked in the stomach and picked in the head after which he was stripped down was underwear in freezing weather and changed to a pole for approximately thirty minutes after which he was to actually be a camp for fifteen days in which he was beat up routinely by other prisoners after which he was forced to give up his religion and report to the police there or this exceeds the harm and person are clearly and another case that was found to have persecution in this court which is w while he was being interrogated you are having the legal religious meetings and you were harboring north koreans second there was also bibles confiscated from the pitcher's home and furthermore it with regards to wh people with lee north korea is geographically there's nowhere else for them to go there's a capital crime to leave and the only place that they can flee would be into china because it's the only adjoining piece of land thank you thank you