of his father's death the number of times that he was arrested by the police the dates of the zener out of the country do seem to go to his overall credibility if we are to believe that just that this witness was father was and was persecuted by the police  logical police then it may become critical as to whether the whether mr singh testifies on one occasion his father was killed in one way and then says another time he was killed in a very very different way why isn't that relevant because i taken to a field or from the field it was killed on the other hand the news article states that individuals had taken his father from his bed and had not even allowed him to grab his slippers well father had been killed by the article states by militants petitioning stated it was undercover police really nothing in the article refutes that it could have been undercover police so i think that this article only was that the police later on had targeted him for complaining against him for all the problems his family had suffered including problems his father had promised his brother he had and his own persecution counted for four years unquote at the record on page sixty three he countered that it was four years after you know this incident had occurred so the way that he remembers things might be just a little bit different then you know we expect him to buy clearly it wasn't because he's trying to mislead the court has i don't think for my colleagues i'd like to i'd like to hear about the medical evidence of his of his mental disability rights in regards to the head injury there's some medical medical support for the head injury it seems to me a little bit inconsistent i didn't make an adverse credibility finding on inconsistencies on a person who is known to have some difficulty  that he has a head injury and can remember is that a proper finding well in this case the i j a notes that the petitioner has the burden of proving that he's incompetent and he doesn't express of the testimony on competency and the regulations eight c f r one two four zero point four states that and mentally incompetent alien may be represented at a remov remember the details of my testimony so my questions actually will narrower than them a question as if we if we assume for the sake of argument that that's a valid position that the petitioner actually is mentally impaired because of a head injury and can't basically decides that he can't determine anything from the petitioner's testimony and therefore he looks for corroborating evidence corroborating evidence it's produced consisting of one witness  sorry well i think that it's implied that the i j a found that the petitioner had not met his burden of proving his incompetency because even the witness he finally provided the psychologist testified that he was able to assist his attorney in fact she was directly asked if he competent to eighty six at the record i don't understand why confidence is as a factor here in the sense incompetent but in fact it was as mentally impaired and prone to these kind of errors well i don't think that's this case i think this case is finding that he was competent because he failed to improve his his incompetence on numerous occasions and really the went over backwards giving him an opportunity to prove that he was incompetent and he never was able to prove that in fact the psychologist who finally testify so he could testify it seems to me that's sort of a straw man evidence that they're lying which is basically what you're saying in an adverse credibility finding when you did go and try to find other corroborating evidence beyond just the petitioners testimony because the i j a was having that problem of deciding what to do with the mohinder saying to wear his slippers whereas that's on page four fifty five where it's on page one twenty six it says this is the questioning to the petitioner it says and you know how your father was killed or answer yeah he was working at the well and they picked him up from their question who picked him up answer there were five persons who had covered their face this was some kind of scarf or a bandana and they took my father to a distance quite a quite a bit away from there five or  them and they shot him in the back and also it's a twenty page i j decision and i say outlines all the things mentioned in the application and he's t by the application because it's typed in english and i j doesn't know how it was prepared but when then the i j a goes through all the testimony in great detail and from the record that he tried overwhelmingly to let the petitioner a fine and medical doctor or someone to support his incompetency claim in fact right from the beginning they try to to let him do that i see medical reports don't really go to it they're talking about anxiety and some depressive disorders there doesn't seem to be any medical support for his allegation of head injury what do you have on the right what's your best case on the record that you have a you have a proven impairment