this case involves the reinstatement of her removal order against the individual who for twenty years and with minimal literacy in english language represented himself reuben trusted that the us legal system would treat him fairly would protect him from the grave harm he faced in all salvador but it did not i'd like to focus my time today on the immigration judges rony as denial of protection under the convention against torture  was forced to join a gang as a youth in el salvador and forcibly branded for life with gang tattoos which he still has today and later when he refused to help the gang they slashed his throat and shot his father  he moved around all over the country trying to avoid the gang he was never he's never committed a crime in further into the gang objectives and has in the record four thousand nine hundred and fifty he was deported in two thousand and seventeen and was immediately recognized by during consulate after he returned here recognizes the serious harm the rueben faced in its in a record of forty eight dollars i have three topics that i'd really like to present but in order of priority i don't think  about is the same as thirteen gangs and other gangs sometimes the same individuals operating across the common border in assaulting the same victims and perpetrating the same crimes with sometimes the also indicate that the same issues are in el salvador as they are in well early on as i was saying your honor the immigration judge seemed to adopt the philosophy that you just advanced of one hundred and seventy three to discount the persecution that occurred prior to petitioners removal in two thousand know that's exactly right your honor he did not just all of a sudden adopt a life in a gang as judge o'brien seems to depict there this happened over a period of five years where he's desperately searching for safety across his country as father and family tr yeah i think you'll find out in the record of forty six and four thousand seven hundred and forty eight where he testified that you know the judge would know that because we don't think he spent any time there and he misrepresented in entered into conjecture which is weighing in on their own analyses which is required so we think that the evidence in the record is pretty strong when taken in the totality particularly when contrasted with the also during country conditions in the testimony from reuben which really his testimony was compelling which was not challenge that has been accepted as true or should be enough to carry a cat claim but essentially want what ruben said about that is it's a common practice in el salvador for the police if there's an accident they'll lift up your shirt you know the immigration judge seemed to enter into a speculation that common parlance in el salvador is the same here we don't have the ohio where the police require reasonable suspicion to do a stop everyone is stopped the nerds are so well as established evidence that in el salvador people are randomly disappeared in a brutally murdered their families are tortured whether it's by gangs or whether it's by vigilante groups that are often made up of police in the military people particularly like ruben and then the other thing the immigration judge failed to suffers from a heart condition in a lack of oxygen is loans it's in the record as well and leave forty eight or thereabouts but he is very concerned that the evidence shows that his medical care w deprived because as soon as they see those gang tattoos they're not going to give him the treatment didn't need to keep him alive now the other aspect here is there is no  differentiation between somebody who's eighteen and somebody who is an adult as the immigration judge states in his opinion that because ruben is now forty years old this somehow that exempts him from the gang a killings of suspected gang members do have been in el salvador so a reasonable to believe standard that respondent would be able to explain that is just complete speculation not apply in all salvador the court has made a number of errors here and i think the reasonable thing to do would be to remain on this case with instructions to grant ca you i'm sorry well it is not his only conviction there was some kind of a issue it was a minor issue i don't remember what it was but the government has a good point though  present on the the government seems to indicate that he had this drug conviction this this fellow has never used a drugs or possessed drugs at all he was on his way home at one point while he was and the fellow threw some drugstore in the ground it went to some reason the police came i don't know what the facts were but he said they were here as they were both arrested there was no conviction there that was a charge not resulting in conviction position and response just a nd ago to some question of questions you indicated you know yes when that person said you know we may need to have a do over so this evidence can be accounted for because it really hasn't been accounted for at  all and then and then you say well i don't think it gives him where he needs to go wants to go which is mean and out now granted aps i'm i'm trying to figure out whether you're agreeing that this case needs to be sent act so that we can get some findings on the evidence actually being worn by a woman at the border facility at a rival the rival gang members outside and then he was going to be back there that they were trying to kill him i agree it's clearly which is not his st language and then that and then the caution is you can go out there