has yet to receive a fair and just hearing or consideration of his asylum claim and i know that the briefing involves dozens of pages and numerous cases but i would like to focus for the with the evidence in the record to the extent that ultimately the court concluded that none of the i chase adverse credibility findings were correct and that the asylum seekers credibility had to be accepted and suffered political torture i would agree with the court but the other another critical adverse credibility finding that's just wrong that was made by the i j is that the problem where we don't care what the all right let's back up here are you saying that you had an interview with the united states consular officer in khartoum yes sir and one was death nine hundred ninety seven so the record that the b i adopted in the adverse credibility that he did and based on that interview his nonimmigrant visa was issued that reflects the fact that he was a sudanese national and reflects the fact that he was just the mother hala the other credibility fine ensure hon that that need to be looked at here have to do with what happened at the march twenty four hearing and what happened there was that the i j a concluded that mr abu hurayra couldn't be credible fact that the i g had made a series of what it called noncredible credibility findings and one of the nine credible credibility finings was the reason that the in this matter that the sudanese national had testified that he of the i getting scared to him do you have the original he's going to think i have it at home the i didn't say to him this is not satisfactory or why don't you bring the original agency that keeps track of births and then they send you a copy of what their records show he made a copy of that and the i just asked him why he made the copy and he told me i'm very and then be required to or at least be given the opportunity to bring the original of this not contemporaneous birth certificate because what happened at the next hearing in march twenty fourth where things took this very unusual turn with the  pilot program well for the i j in an effort to sort of more old his view that this person couldn't possibly be a legitimate asylum seeker because he was studying aviation maintenance decided to click on the link that is the pilot program way rather than aviation only and so if you look at the exhibit eight that was put into the record by the i j a there it is start your pilot career you'll need that when i'm not satisfied with this why how can somebody supposed to know if you bring in a photocopy that it's not enough if you're not told motions the board emphasized he has yet to produce his original birth certificate but in the motion to reconsider and the subsequent motion to reopen the titian are still has not produced that that original birth certificate only  don't have a record evidence relating to his claim that he had to be under the age of twenty one he also said it one point he had to be under the age of eighteen to leave the country the other issue is absolutely recognize that folks will go to  holding holding wouldn't have let him out if you told them the truth and there's no dispute about that the question is whether it was appropriate for him to try to produce those privately obtained documents years later to establish identity was an issue that the i j a asked him a number of questions about not only the birth certificate but the passport and elisa at the page three sixty one stress to petitioner how important it was that he try to prove his identity and ask him why he hadn't produce and if your honor may i respond to the comment you made about the brothers too because that's an issue in this case as well petitioner claims that his brother is living in the united states in fact living with him in the united states and the i gave petitioner i don't pursue need to she'd have his brother come into court to testify perhaps corroborate his identity but petitioners counsel declined to take that opportunity said that his his brother yes my understanding from that record and it's from that passage and it's not at all clear but my understanding is that they're talking about the one nine hundred ninety seven birth certificate assuming that they had a copy he said he had week he didn't say those exact words your honor but i think the passage that that was just read as well as the passages that i read earlier all indicate that  that's the question sure and i would say that at all times it's the iranians burden to prove his eligibility for release he has an obligation to prove his case satisfied i want the original in a perfect world maybe the i j a would have been more explicit in demanding that the petitioner bring in that original but the i j was not subtle and expressing his  doubts about this petitioner is and moreover the board in its decision again said we don't have that original they said it in its decision on direct appeal the board said again denying the motion we consider emphasized fairly argue that this petitioner was not on notice that his identity was an issue and that he needed to produce back that original birth certificate and since he had it at home it was reasonably available and have no more than two minutes i understand your honour's put your finger right on the issue this was not like the brother of the i j a said if you know i expect to hear from the brother enough i don't i'm going to draw an adverse credibility finding in fact the whole discussion about where's your verse or ticket and how come you haven't produced it related to the contemporaneous for certificate page three sixty one of the record do you understand the significance of this you are requesting asylum in the united states is the person  all related to your contemporaneous birth certificate on page three seven zero mr blumenthal you can ask questions along these lines but my understanding of the respondents testimony is that he said earlier he had a birth certificate that have it when i needed it do you have it now in your possession when issued earlier than september fourteenth one thousand nine hundred seventy s or no did you have it end at one time in this country the u s answer no did you have it in the sudan yes when i was young and that's the stuff about a that you know he should have said that mr blumenthal make sure that he brings the original of this nine contemporaneous birth certificate back because i don't hear the department of justice saying that you have to have a contemporaneously issued birth certificates again  that couldn't be their position and if you look at what was submitted the photocopy of the nine contemporaneous first search if you could which is a page five five three of the record it looks pretty official to me i know some of it's in handwriting but it's got all kinds of scam