and further finding that the judge holds lack of credibility findings which relate not only to the petitioner but also it to sixteen what i would say there your honor is i cross examine mr white who was definitely adversarial was and in position of being a lawyer himself saying this question is not relevant is a body of mr potatoes i i would submit that judge hole took the position very early that  she prejudge the case i spent a considerable amount of time in the opening brief presenting very round and your honor there was no response in the government's answering brief except a reference to the fact that that mr wouldn't who was the landlord stated that he believed there was  habitation which is it's not as strong as he stated he sent him a declaration after talking to him and he he signed the declaration but only after scratching out i know that they were married saying i can't say that they were married but i certainly can say that they were  well i would i would like to to do that your honor but the judge's decision with respect to lack of credibility affects her holding this position in the case but testimony taken i believe by telephone and ms marriage dean who was admitted into the united states as a refugee testified very strongly that  the petitioner would certainly be persecuted and would be in physical danger if required and returned to to russia the  that the testimony is graphic with respect to the telephone call to the petitioner after the same night that or the day after that the baron changed the elder marriage change were murdered put into any sort of question by the immigration service that is that is clear right with their strong testimony in favor credibility findings with respect to her she testified straightforwardly with respect to the past persecution and the likelihood of future persecution basically stating that it would be physically dangerous for the petitioner to return to russia that's that in itself is as strong testi morning you're honest my name is jeffrey bernstein i represent the government in this case and as the court counsel i have discussed the other two issues in that case marriage fraud and asylum making the marriage fraud first i substantial evidence we're talking about the mean certainly the cancellation of residence that status for her but we're talking about a remove all of the deportation proceedings but on the broad on the basis that the petitioner engaged in marriage fraud in a that the evidence establishes a fraudulent marriage marriage fraud and there is not evidence compelling a conclusion that there's not been there and missing evidence of the marriage fraud that evidence is the testimony of three well i have two responses to that number one is there is no case that holds that the immigration judge or fact finder has to use magic words rule generally is that if half of the adjudicator can the ascertain from the beach and bounds of the decision then you've got something to review and in this case i'm not going to tell you that this decision say let's weigh the evidence up here no your honor i'm not suggesting that you should weigh the evidence i am suggesting number one that her path is clear and i am also suggesting that  assume the function of the jury or the immigration judge and jury in your in your construct immigration judge here the standard your standard of review is to determine whether or not there's evidence compelling an opposite conclusion you can look at the evidence to determine whether or not you think there's any evidence that might compel a different conclusion but if you don't and i don't think you can here given the statements of you know against people interest by all the individuals relied upon by the government i don't think you can they're certainly clear and convincing evidence again it's difficult in many places to actually thing with immigration judge is doing but i liar he had to lie at one point or another either he's lying when he went before the immigration judge this time reasons why when he went before the immigration examiners on a couple of occasions when he lied to