judge noonan and i are pleased and honored to welcome the honorable jeffrey s white united states district judge for the district of northern california who has consented to sit with our court by designation today will hear the cases in the order that they're listed you need not ask for leave to divide your time between argument in chief in rebuttal or between counsel on the same side just manage your own time do as you wish with it in the way of dividing it up at when the light turns red and the numbers are still going at doesn't mean you have that much time left that means you're that much over the time the first cases  i don't get how you could forget being tortured i mean one one version of the facts yes three arrests and torture and the other version of the fact he has one arrest and no torture and that has a lot to forget an been confined in a jail or prison no only at the camp fire the flute by the army where you are that's quite true and then eat in the description of the army it's just one time the army took you to yes in the camp they  sand then hit us with it and then just let us go after three days sometimes they make all the young kids stay in the area for the whole day just a hair of us thought like a fine for at least that's all i've marked when i read this yes that's a very condensed statement is there more you know but the fact that he says a few days and then he says also sometimes for a day he did describe being arrested for a day once young kids stay in an area for the whole day just to day so the fact that he mentioned a day being detained for a day at a time there's there's a lot of guns bet and the context of his statement doesn't suggest that he was forgetting something it's a very condensed narrative but there's something more than the airport statement the uncle's letter where only one arrest was mentioned doesn't that corroborate the notion of just one arrest well goggle knew of his being arrested they call out when a relative has a nice to get the money for this they don't necessarily tell the whole story is there anything in the record that indicates that the uncle was not aware of all of the circumstances what he wrote the letter except next last question do you have anything else to add on the walls i'm not return to sri lanka which is the whole premise of this interview he would have been if you didn't express a fear of returns you would have been removed immediately without this interview the fact that he had arrangements and you go through most of the most of the fact finding is about who the smugglers are because the ins has a main interest in trying to stop the smuggling operation he was when the petitioner was cross examined he was given an opportunity to give the explanation you're giving and what he said was that he would only answer generally or not and that he had made a mistake for which he was sorry  on the opportunity to correct the record and had the explanation that you're adding he didn't do it pretty as though our job is to read this and see whether there's a way he could be telling the truth about this awful torturers toenail and everything but really the standard of review is whether there substantial evidence on the record as a whole evidence on the record as a whole that supports his findings we're bound by it hit the sack record that's correct i would i would say that the record statement the way this is presented is not substantial evidence it's what he was heard about his nephew's travails in sri lanka that's correct that is that which is and so what we could we could read it in two ways one is that  are the worst about a three day arrest and then they tell him quit coming back to the army camp and the other way to read it is that at the uncle did not hear the worst of it about the torture in the toenails and the repeated arrests