and also he some later from his father described police visit the home and harass them so the critical question is whether the chinese government is interested testified at the trial and how many times police come and what happened that family he testified but he doesn't know right that's all hearsay from as far as he's concerned he wasn't there when the police obviously he's in the united states please the court my name is david shore i represent the attorney general of the united states the petitioner in this matter mr song had a full and fair opportunity to present his claim before an asylum officer for an immigration judge and finally on appeal to the board immigration appeals at every level he was not granted asylum because he lacked objective evidence of a likelihood that he would suffer persecution in china and inclined to harm him which is his his burden was this letter this letter the immigration judge accorded minimal weight to the letter it was unsworn from an interested party abroad his father and the attributing a weight to the evidence when the evidence that's within the authority of the immigration court this court has stated repeatedly that letters from interested witnesses does that extend he could not have been found credible if the immigration judge thought that he asked his father to concoct something right yes right there is there's no finding immigration law to realize that it would be helpful to his son to have evidence that the chinese police had visited the father and made threats against the son and he did all that without prompting from the sun well so there was no finding in that regard your honor now the immigration judge you know didn't try to sort of get into the head of you know the evidence that could have been provided to show that yes the chinese government is interested in members of the new york based china democracy party but given bad dearth of evidence the only objective evidence was that this letter guy is credible then there's an implicit finding that he's not putting his father up to this and he's not putting his father up to this then the actions of the station on the letters shouldn't be determined well you is ok i'm afraid and that's found to be credible and of course it could be the case that he's telling the truth that he's afraid and because he's afraid he lies about other stuff but that's not the finding of the immigration judge the immigration judge found his testimony to be credible and part of his testimony is i got this letter from my father and implicitly and i didn't ask him please give me a fake letter and here's what it should say because if the anybody that then you would find him not credible right so if he's saying this came spontaneously from the father what would be the basis for saying that the father isn't interested witness what is he interested in if he hasn't been record say about when this letter came and what it said didn't come after he had already applied for asylum my belief is yes i believe the letters had page three forty three of the record judge an adverse credibility finding would have to be based on something in the record and not just speculation understood by the immigration judge that i understand that he can give this limited weight but i'm trying to understand what and i and i understand that the letter came and what its purpose was in other words i guess if the police came to my son were brought in the police came to my house and said we're going to risk your summary comes back i might write them and say what's going on are here a they're interested in you what is the story that's a little different then oh i hear you're applying for asylum maybe it would be useful to you to have this information right so there's seems to me there could be a lot of factual exploration and i don't know whose version it is to do that factual exploration and i'm not sure what the record actually says of these matters of detail but it's seems kind of rude to just say well under any it's his father so it doesn't count no no and the immigration judge in the board didn't purport to apply some sort of blanket rule a rejection of this type of evidence across the board the immigration judge was concerned with the evidence before him and  in the case that was the subject of the twentieth a letter the government filed and there the court agreed that that same twenty twelve contra port did not show that a member of the new york based china democracy party or a person in her circumstance was similarly situated to domestic political dissidents in china and that's really where this case fails there's a dearth of evidence that individual individuals in mr gross circumstance who sol engage in protest activities in the united states that they are similarly situated to the domestic dissidents in china even assuming that's true and let's go then i still think you're kind of begging the question which is if we were to accept the founders later as true well then you don't need the report right then you've got a subjective fear and an object of manifestation that it's well justified so it does all come down to the father's letter even without the report  though the immigration judge has the authority to weigh the evidence this court is not empowered to reweigh the evidence and he courted that letter minimal weight particularly given the context of the country condition evidence now this court remarked in y c that claims based on pro democracy activities in the united states are particularly easy to manufacture anyone can post something on the internet and one this was in the kind of water where your son let me tell you we built a new pump in the village and everything is going nicely here but you should also know that there's a bunch of other things going on people came here looking for you and they were scary people have to talk hey what's going on why system only to that effect that is the petition to the petitioner testify at the hearing my father told me this months ago i asked him for this letter but very to document it but he and then political prison in addition to that my father told me the police already visit my home and therefore i am afraid the the