thousand and three when the final ministry of order with entered however there is an exception that there change country conditions are found which in this case are to the petitioner in his case the change country condition of the war which began in yemen in twenty fifteen state actors who the government is unwilling or unable to protect them against what does he claim to be part of that has been subject to or subjected to a pattern or practice name meaning that he is a prominent member of the and was there anything in the information that came out about the change country can be that they are targeting sikhs as opposed to just killing people well i guess i would like to  son the medical report and the death certificate as well as his school curriculum which all support the pertwee position that because his son was involved in american studies and his father had left the country almost twenty years ago never returned that if he were persecuted as a result of this of course there is the ongoing civil war of twenty fifteen meaning that many persons many individuals within the asylum i think that the evidence is compelling to such a reasonable fact trier would find that he had met the requisite fear of persecution in order to at least grant his motion to be open to that he can fully flesh out t what's the evidence that was targeted by isis i mean there's certainly evidence in the record that his son was killed but other than your client's own statements what's the evidence that isis was responsible what we have the current statement we also do have a letter that was submitted from his son that documenting how the family home with ambushed and i will also like to know that just that i don't i'm sorry to interrupt just at in his early twenty's someone who emotional because she witnessed the shooting of his brother in front of his face or if they're not wearing uniforms to say that i am i think we cannot reasonably expect him to identify them and i think that we know that they are not state actors who ambushed home and murdered his brother but it still has to go back to the fact that that took place or that iesus fear of persecution going forward based on being targeted by some group because of his membership in another group also it can't just be a fear of if i get sent back i'm going to be killed by isis there has to be more than that right your honor and i do believe that in this case especially with medical report and expert reports that show that he has already been targeted by militia members good morning may please the court sherry glazer appearing on behalf of the united states attorney general your honour's the board in this case acted well within his discretion when it denied mr bobby's untimely motion to reopen his motion was untimely it was filed we all watch the news we all see what's going on between the goofy rebels and the saudi like coalition which is what i presume mr bobby was referring to when he says a civil war i would not qualify that is a civil war but i would also ask this court please keep in mind this claim is not at all based on that conflict it is very clear that his claim is based on a fear of isis but he did not meet his burden to show that he would be singled out for persecution or torture by isis to return to yemen or that report but neither of those pieces of evidence show that mr vavi will be singled out whatsoever for any harm or anything if you returns to yemen now putting aside the board's determination regarding the weight of the evidence given to the latter i do think that more properly determined that it's not entitled to full weight but because it reached that alternative argument given their limited amount of time i'd prefer to focus on that so we have this letter that describes an attack that happened on his home but as your honor pointed out it doesn't mention or even refer to isis evil of criminal outlaw militias or the perpetrators who attacked his home individuals who don't respect religious or humanitarian norms and also didn't mention any motivation in his son's purported cia but we don't have anything to bridge that gap we don't have any information as to how he came up with that but even putting that aside assuming it was isis assuming that the motivation was what he says it still does not support his claim it's attack occurred in september time sixteen he filed his motion to reopen a year and a half later and february twenty eighth scene and the only thing it rests on is this is this one single attack and i'm not at all trying to minimize what happened to his son what happened to his son is horrible but it doesn't provide any evidence that anyone is going to target mr body when he goes back to yemen there's no evidence that anyone in isis is asked about his whereabouts or anyone whose family has threatened mr bobby or anyone in his family or has subjected his family to any harm whatsoever and if we turn to the human rights report i read through this report several times to make sure i saw every reference to ice disc in the report and to look at every reference to see whether it  his claim and none of them do and i'm very happy to walk report through every reference and explain why and so i could start just in his motion what he says in his motion is that he and his asylum application is that he fears going back really to analyze his counsel now says that he secretly we don't have any evidence of that whatsoever and on top of that he says he really refers to one reference that says that isis has targeted individuals who  nice carried out many deadly attacks against government representatives and installations the combatants members if you're awkward as a political party and other actors accused of behavior violating sharia law these are all political actors there is no evidence that mr any way a political actor and falls into this category on page twenty nine it says insurgent groups are claiming affiliation with al qaida or isis committed politically motivated killings along with ruthie sali rebels and even if we say ok the attack in the killing of his son was politically motivated there is no evidence that isis then goes after family members of these individuals and on page thirty it indicates an august report by the un office of the high commissioner for human rights documented twenty seven killings in aden in january most of which were perpetuated by al qaida in iceland but again that's twenty seven killings and that's horrible but yemen is a country of over twenty million people it's not indicate that mr vavi is going to be singled out is in the elevator province which is kind of it's towards the west kind of sits in the middle of the western part of the country and the governor ordered aden is on the southwest on the fault of the things that's not even where mr harvey is from and then on page are security clearances are security areas has nothing to do with his claim and it's nowhere near where he lives in yemen so for all of these reasons you know he's now seems to be trying to just type any reference whatsoever in the human rights report to his claim that he just cannot do that with the border analyzed with the claim that he set forth was that i'm going to be targeted by isis because of my relationship to my son or my religion and there's nothing in the record to show that he will in fact be targeted or be son was nineteen his son had a promising future because he was attending the school and the next line he says my son was living in our family home in russia and the next line he says isis believe my son was an informant for the cia but he did not say in either of those documents i like thank you thank you both counsel on the case will be taken under advice