kidnapping the attempted rape and assault with a deadly weapon of mr blair's word has as merely a punch in the face it did not consider the severity of the death threats that she received and it did not consider the murder of her gay friend in hand punched her in the face grabbed her by the neck tried to shove her into his truck and told her that this is the day i'm coming for you and my he was taking her with him to make it mine and fortunately she was saved from this by her gay friend dentist who not to touch the ground so that they could escape but the blues reasoning behind its conclusion was that physical incidents resulting in minor injuries  was able to find her was that she went back to her old town so there is no indication in the record that if she stays in the new town that somebody is going to come after her is there  well we know that well she was in a lunch oh qatar was still looking for her and he was still harassing her mother and her niece and with the b s a failed to consider is that she was able to point to tara for one year  from january twenty fifteen to twenty sixteen with that was before the threats from him began to escalate before the assault and before didn't his death and so while she was able to avoid him for a year at that time that  s not prove on its own that she would be able to avoid him in twenty nineteen and honor it but a but there's no it didn't see the record the other way i mean is there receptive maybe he was searching for her is that in the record yes john and he was searching for who you are and we go on the town where she was living you know in her hometown yes he was looking for her and she was at one point she did change a phone number but he was able to get her new phone numbers from someone and he continued to look for her even after her after she fled there's evidence in the record he still went to her home to look for her and she spoke to her friend and this at one point and he told her not to come back because the target was angry and was looking for her everywhere you seem to be attributing unfortunately present at the time of genesis murder and that statement she says that before they killed dennis they told him that they were killing him because he had protected instructions ortez right but it doesn't think he was threatened he says he was threatened been the only ones who knew about that incident and there isn't anybody else who had been protecting this rumors or ties in so that those cheap gang members knew that dennis had protected her in the issue of well founded fear of future persecution was brought up before the rabbit it's not from the police it's from could torode through monetary influence over the police right we also a different claim or issue it's just a different argument and the evidence is in the record to support are to support that there would be harm by the government asked to whether qatar i had influence over the police what do you make of your client's testimony that she did not know whether to tara had actually paid the police oh i think that there are other ways are there vince on the record that also shows whether she would face harm in the place of suggested new occasion and it failed to consider the ongoing civil strife within hunter s or the discrimination against persons even though there is evidence  reasonable in seeing the sessions for example do you are you aware of any of our case law that would say that even a year would not be enough to establish that relocation is good enough no your honor i'm not aware he specifically says that a state that i also think that it's not only that she was only there for a year it was also that the year she was there was before the death threats from guitar and started  plea and before he really angry and before he assaulted her and killed her friend dennis that's a can you address our case law and eduardo that says a single physical or altercation doesn't rise to the level of persecution and that's even if there are threats that just because there's threats and then there's a physical altercation doesn't mean that that's persecution it has to be that the what results is  j or anything to say you were going to come and make a brand new argument today about this it's in our state renewed staff position your honor i'm happy to supplement to supplement radio station it's still the answer to the question  that's that's what makes the issue so complicated ron and i guess i apologize you're absolutely right i should have put all this in writing a reinstated order room though they are only eligible for withholding and what the court has before it right now is she was originally ordered exactly that don't think we can get the relief if there is an intervening criminal as a matter of law well no i don't i don't i don't believe it's a matter of law because technically the immigration judge could grant her a sound or thrown over but when these new proceeded that's removal is very technically there's difficult for them to get whenever you have intervening criminal conduct so after it's been reinstated oh i  up it took about ninety days for us and then she was removed now she's still here your honor in the village and that's part of the movement's argument i mean you the court would agree and grant withholding of removal it wouldn't change anything in this case because she's already here and she's actually in proceedings where she can they don't they can ignore our ruling about whether she can safely relocate or whether she was persecuted in the past i don't think anything nor your honor but new evidence to come to what that might change the basis for that ruling i mean the court would have to even if the court ruled as a matter of law  law is based on facts and if the facts are different that it's going to change the company the facts be different if it's in the past about past persecution well that's true your honor but there are possibilities of past persecution or th evidence that has occurred subsequent to her you don't want to win today if you could when you just want us to do nothing is that correct that's what you don't even want to argue that you could win that's a it's a move this issue your honor so what if we point so it would be you're not going to address whether she can relocate i would it is what you briefed i'd be happy to address in your honor i mean this all happened after briefing so like i said i wasn't aware of it until probably december summer of twenty and this is around and i mean i know we had a government shutdown but it wasn't that long it was science five weeks right which is not still left you months to do this to have it but if you're coming in with a light or human don't you think from the government's standpoint it's compelled to you know bring the court absolutely up to date on the status is best if we're it's not an easy issue of article three moodiness no it's not and so that's a hard question and then you're since provincial we may not want to do so you know you're absolutely right this is well in a but for causation of way i would agree your honor if he wasn't if he wasn't there to intervene then he might not have been harmed who knows but it wasn't enough that in a legal kind of a sound sense in that the case for that is matter  could have done so himself encountered dennis numerous times after he sits in a physical altercation and he was looking for mr ramirez but he did not harm her so the immigration judges mind that was a big kind of kind of question and then you pair that with the fact that the mother's letter suggests she was harmed by two individuals in mention cattaro and you don't have sufficient evidence in the record to compel the conclusion that that was tied to her and i think that that's kind of what the agency was getting at and that's certainly what the on their in the past persecution and the president is a government sponsored government sponsored the burden is on alien to show that would not be reasonable for her to relate to and she has not met her burden here if we were to find that she had met her birth would we have to re man for the cia to weigh it under the correct burn and under the correct standard where the government would bear the burden of re about establishing relocation or could we on test might want to shoulder some additional evidence in order because a bear in a shift announcing d h s s he is the easiest way to resolve this case in a way that's consistent with both what you're seeking and they're seeking to grant th question i believe she said in the record that the distance was two hours by car and three hours by bus the distance between her hometown and a watchable and then as far as it regulation the regulation says should consider it doesn't say it must consider there is no case there is no wall that says each one of the factors and regulation has to be discussed by the agency before determines that relocation is not reasonable in family as far as the convention against torture application the police accepted a police report of the tower and there's numerous instances in the record where the police actually did confront him and what they're trying to investigate and was telling him to leave her alone so there isn't sufficient evidence in this  and there's nothing in the record and she wasn't able to testify that to that so police record i'm no the only police there is a police report in the record but that's a report she actually filed against guitar zero where he discusses  it's not enough without the murder in the murder can't be considered it's absolutely critical on the issue of is she in a social group though is it even clear in the record that she's a member of the social particular social group w for social group well in order to send it back it would have to be more the questions and that play you'd actually have to reverse reverse and say that but they're still pending even if she were to win that it looks like there's persecution but it's not clear on the record as to end back for you to determine whether or not there is a social group because they you know the social group standards have changed and we haven't adopted the d c district courts rules about that pending motion to state it we carried with the case that it's in front of us you've heard that intervening events you know have made moot you not and i think response to those course not clear whether you're saying it straight on or three mood or whether they're preventing all aspects of it to be considered so you kind of need to stretch out exactly what the position is so there we can allow the other side to respond and we can determine from there what if anything we need to do with the merits of the case or whether we're stated on whatever means literally presented to us in the first instance so you know it's a totally different case ok your honor i do that immediately thank you well let me put it as well i should go without quite that way because i want you just throw decisions the letter from dennis's mother about the murder and as a result they didn't they didn't fully consider the record on that issue and that's that's important because this event i question about internal relocation this is a small country this is a country that is smaller than the state of louisiana and she has already tried to internally relocate she went to the city of tel which is as the government mentioned about two to three hours away by car and she moved in with her girlfriend who is the city of a hundred thousand people and could tara was able to find her groove friend's home address some page one forty three of the record horrifying things either he drove the two to three hours to tella found her but didn't she go home for he found other that she went home intermittently to visit her mother so it's i mean it's again it's speculation but it's very possible that he followed her in on a trip back to town from her hometown but she lived primarily in tell of for a period of time with a girlfriend intel it was clear that caetano and found her and was making threats against her and a girlfriend and  knew that she had to break off the relationship so it's not it's not clear where she's supposed to go in this country and we know that most region like launch zero is unrealistic as well i mean she doesn't have any connections and this is before the target resorted to violence but now qatar has resorted to violence and she has no more safe havens left under the issue of the government address movements here this case is not moved for a number of reasons if this case will have a in effect on her life no matter what the first reason it's not mood is because there is a deportation order that was associated with this case before the court that triggered a twenty year bar of the admissibility into the country so even if she wins her new immigration proceedings she has a twenty year bar to become a permanent resident if she loses those immigration proceedings and she gets deported she is a twenty year bar to come back into this country or even visit the twenty year bar anyway because the first illegal it's driven by her illegal conduct not by the twenty year bar should be there regardless of whether or not she should have been titled withholding thank you thank you all right thank you for the briefing in the argument in the thank you to counsel and the students both of you handle yourself quite well in the briefing  in there poised at the podium we have some seasoned lawyers who sometimes shiver at the podium or otherwise not able to get a grip on the court's questions so we applaud you for your