tonight asylum for a variety of reasons the next one year issue and then the one issue that is before this court that she was unable to show that the silver dollar in government is unable or unwilling to control unwilling or unable to control and i could quote his exact language but you know it but i do find that when you put everything together there's not a fifty point one percent chance that she will be persecuted her  well the issue judge said that on page ninety eight of the record did say he was talking about the said that the government is not indifferent to respond and in fact assisted her on two occasions cetera right at the bottom of the other what i'm suggesting is the conduct of the government that if there was a protected basis of the nexus which i have found does not exist which is not in front of us that the chance of future harm falls below fifty point one percent as required holding the  words the actions of the government reduce the potential harm in this court's opinion that's the i j b i he says she hasn't shown that the government was unwilling or unable my question is are those the same finding or those different  findings they are pretty much the same findings there they're different wordings they are related they're overlap so i'm not totally insane in your question i'm just i'm sort of like arrested her persecutor put in writing but but the thing is is that they are unable because of the board to saying that and from ennis personal experience that the police responded effectively each time she reported the abuse committed by her husband so the comment here with respond with ineffective responses i mean the term has to have some meaning that there is a base that there has to be of some sort of basis on of them the results what we have here is that in order for the salvadoran authorities action to deserve to be called an effective response there had to be some sort of reasonable there had to be some results here and in much our measuring stick for that i'm sorry what's our measuring stick what's assumed that for purposes discussion the united states is is willing and able to control domestic abusers but once sometimes once they get out of prison they they commit the offense right at what's our measuring stick ok but the measuring stick that should be it the measuring stick is whether or not there's an effective system in place and one of the themes of the of the country report is that yes there is a desire to improve things but year after year you have the report saying this is going from two thousand and five to two thousand and twelve which saying yeah the government wants to do x but but the but the enforcement is ineffective year after year that they don't one of the issues here is that they don't prosecute criminally the domestic abusers they prefer to do some sort of a mediation so here in the first instance that anna reports to the police after having been laid up in the hospital for about a week there's some procedure it's not clear but he's in and he that he is that the husband is in some form of detention for about a year after he's drunk it's not clear if it's part of any criminal system or anything like that after he sprung that he continues the abuse and what happens after that is there's some form of a mediation and then with the mediation there's he doesn't even sign off on it and then after that he continued to threaten her i was going to ask you about the signing off i don't know what the procedure is in in el salvador but it's the judge said even if you don't sign this it's a binding order right correct so i mean i'm not sure that that demonstrates government on willingness to control these cuts the other way for me you know is that the government even when we has recalcitrant people in even though you're right he won't sign the document you're bound by it doesn't suggest to me on the willingness of the government and i'm not emphasizing that too much i do mention that i mean but but and again we have to take a look at the results and in the result is that you have you have someone who continues to abuse and then after the after the t r o as the restraining order is signed you can and he's threatened and it gets to the point where victor's own parents help or to leave the  country but you know stuff like that happens in this country as well but and i understand that you know and it's just that the united states has a a more in place type of system there i mean you do see criminal you why does that who that the government is unwilling or unable to a strain persecute us we can't look at just her case i mean you have to say you know this is typical this is this is emblematic of what the government can a what is your single case gets you well again one of the and i'm not sure if i'm answering the question but i mean again you're mentioning you're referencing a comparison the united states and the united states again there is a there is a much first standpoint there is much more of a domestic abusers are more aggressively prosecuted here there's also a growing culture and this is also one of the problems for protecting the rest of the park in another part of the country so there's not there's not a single uniform standard and how do i know i mean if you just focus on your case how do i know that the united states has a know it's a combination and i know i can but i'm coming back to that as if that's what you should have started the country background or the country b do demonstrate something you did yes i mean they do demonstrate that there is completely ineffective  enforcement to protect someone like ana and there's a widespread culture that domestic violence is accept is acceptable and i see i have i see i have  hands of her common law husband the record instead establishes that in each and every in time that she reported this incidence of domestic abuse the government of el salvador responded and responded effectively effectively respond to i mean i i think this record is pretty clear that the government of el salvador is willing to move against domestic abusers what about eight in this case it was able to do so your honor in the  first incident that she reported they actually came and arrested him she was in the house it resulted in her hospitalization for a week she says and apparently the government the police came and arrested him he was placed in jail for a year his parental rights reflects no criminal conviction but there is as potentially as a castle has discussed and we've discussed in a brief there is a family order a family court order or a document it's not clear what it is it looks like it's a brief but it's also some kind of narrative  but there is that document that states that one that after that incident the government did respond effectively he was incarcerated for a year and that is in line with the criminal part penalties for convictions of domestic violence  relied on the country reports and it seems to me to go so cherry picked from the country reports i want you to address this the good reports do i think established in el salvador el salvador loyce changed authorities are much more willing to enforce  laws against domestic violence but the same country reports in the parts not quoted sort of say but they haven't been very successful in this and the best of violence is still a big problem and culture makes it such  the country if although the report indicates that laws against domestic violence were not well enforced and it acknowledges this it focuses on what on the case before it and says petitioner in this case her own personal experience well no the last time she reported it and she was able to get a restraining order and according to her declaration she says that she went to court many times after she got the restraining order and so it indicates that there was a continuing  g enforcement but if if if if in fact there is a condition in the country where the government although willing can enforce the laws do we say well they enforce them once in your case it and you know they're for therefore you haven't shown you haven't shown the inability of the of the country to to protect you and that maybe that may be a different scenario in this case i think the board probably appropriately focused on the fact that each time she reported it the government was effective in its response its seems to me that's exactly the scenario we have all week it doesn't say it doesn't indicate the right the record  and the question is is that enough even if in fact if in fact countrywide they are not the board didn't find an absence of probability of persecution it found that there wasn't any evidence that the government was unwilling and unable to stop that persecution so she focusing on her situation doesn't answer the question about whether they're able but i think it has some evidence that they state they did something in the past but there's a demonstrate ability i think that given the her case is the one before the board the fact that in her case it was effective does and does go towards whether you have any reason to think that she will be treated differently than the rest of operation if in fact there's ineffectiveness countrywide does the fact that she happened to have gotten some effect of relief in the past  mean that she's more likely than the rest of the population sort of looking at the future have to treat her likelihood of hearing effect of relief ability to to to the government's ability to control  we look at some of population wide for us rather than individual case where you can but pass is probably depressed to future and in this case the fact that she has the court order and the fact that once he violated that she was able to get a restraining order and the fact that they criminal judge apparently advised her that if you continue or any future violation of that would result in criminal prosecution i stands there was no clear error that the board found without finding a fact with the board did was it corrected his legal misstatement when he said that he understands under withholding of removal there is no requirement of unable or unwilling and the board in a footnote happened here and in fact in el salvador the government actually did respond by taking measures including incarceration of her abuser and was able to stop that abuse for the time that he was  i believe them at some time in the one nine hundred eighty s the late one nine hundred eighty s she didn't leave until two thousand and one and as far as the record is is concerned she reported two instances of abuse now she sa that there were that it continued after the birth of her second after they moved in together and i believe it's two thousand approximately two thousand nine hundred eighty five but there's not there's nothing there's nothing to indicate that she reported it does seek that that it continue active the protective remedies dictated by this true tribe you know for one year starting from the date of the present hearing so it appears it's a one year restraining order