persecution and on second level failure to find that she qualifies for relief under a number of difficulties with this case that i'd like to hear from you why at least two of the credibility findings that the i basically that it was just implausible that she came to this country or left china on account of principle are credible the findings need to be relevant and apply to the elements we're trying to fulfill here and so when we get into a discussion now what are your reasons for leaving the united states that is not discrimination against her family on two continents conscription of her father and two generations conscription of the father into the calmest army of course to let me let me just part of help a little bit here i understand i've read the and i understand all the reasons she gave what i'm asking you is your best shot is to those two from which you might be able to discern that i was of the two that i'm most troubled about well i'm troubled because there's a mi you may at ten years old she was subjected to property seizure she saw how her family taken away from her she was sent to forced labor camp for five years she's had two forced sterilization  left the contract because i hate the system that i left the country because i'm i want to human rights i left the country because i hoped to have a son how could you know how could you hope to have a son when she had been sterilized well your god she may have think in american medical system she may thought if i can just get out plead her style and bring my family with me that i can have a sterilization procedure bourse but she's not she doesn't have a doctorate she doesn't have medical knowledge all she knows is what people can tell her and she was forthright in telling the court once i got here i was informed that i could have this procedure reverse what i want to stress is that the court in this east upon the immigration court seized upon this one tiny element when she stated a clear reasons of why she left her country and i can't think of anything more eloquent than saying i hate i had to live i went back to work because i had to live i had no choice i needed money it's there in the record she was compelled by economic circumstances to go back to work she argument and energy i understood she was taking a risk and knowing that you will be fired if you don't comply it's admitting to pregnancy tests and as a male i'm not subject to that but i can imagine that's not a voluntary condition that's that's compulsion and here we have a unique situation you're in the people's republic of china your lawyer it's also your government it's the same government that's taken away their property forced conscription of the father forced this lady to go to labor camp for five years she's fully cognisant of the kind of power that the people's republic of china wield result for her and i think it's a gross misunderstanding up what she was going through to record is a total mess i in terms of trying to ascertain what really happened when in part of that may be attributable to the way the hearing was have a good deal of difficulty with one of the things that the immigration judge said which either could be a credibility determination or supposed or could be amusing and that i mean reading that there's nothing to indicate this judge is not a doctor or anything like that that would indicate that he knew it maybe just speculation on his part but the alien has the burden of filling in the gaps and explaining these things and she had said air and say you know i just think it's i can't i can't believe that that after having had the abortion in december that you could have gotten pregnant again in february well i mean without putting too fine a point on it i don't see why not and i but it's not it's neither for me nor him to say there's nothing in the record one way or the and says with instructions to make a credibility finding and it seems as though he said all right you want credibility findings i'm going to make some credibility findings i'm going to pick on this person and i'm going to pick apart her story until i find  out she was very invasive during those she didn't give answers they had to be asked several times she didn't give specific answers and then when she did they were inconsistent with previous testimony or evidence and the record point was was that in translating it's one thing to say what happened next and then what did you do and did you see exactly and make to hear the answers and make credibility determinations from that squared i'm going to sort of construct  a complex layered question and hope that through translation you're going to get an accurate response  before the hearing started thank god into all the facts and everything she was told that if you didn't understand something if you let them know it was a bit verified but in some of course there were some things factual why would the government do this it's not logical that the government d the details why did the judge say that like you want the details you're getting the details and then just lonely list of very has been hostile but it's never been to the point that it's been i mean i don't think that you can honestly say because there may be and i don't think he was hostile and yes i think he was just maybe frustrated because the answers weren't getting answers questions weren't getting particularly her statement that she was coming to the united states to have a son when she she herself to testify she had been sterilized hard coming in didn't know until she got to the u s that the procedure may be reverse d and there were no immigration judge pointed out other reasons i i grant you that the statement about her ability to get pregnant the third time before her third of course our second abortion i'm sorry have been forced upon her these abortions may not have been forced on her closer actually during the second pregnancy where she claims that she was in hiding at one point in the record she said when she was recovering from her her first abortion and missed an examination but then later on the next month she goes to work where she admitted she knew she was going to be it was going to be determined that she was pregnant because she are you know i mean that just doesn't w that you heard the explanation given tonight your honor i just don't think i mean i think that the immigration judge is finding was based on it just didn't make sense and it fit evidence in support what she was saying that if you care to respond w to just ask questions get factual background when are they acting as a prosecutor i submit that i believe judging her and what's a prosecutor before he took the bench and needs to look back on some old habits but my questions and you know the the thread coupled with just opened scar thing where she's calling her testimony a load of baloney when we're dealing with some of the most sensitive and difficult subject matter i can