arguments today with a human situation rather than a legal and the law do we have the luxury of being human with what the three of us have to do well i'll be very brief i don't know if any of you have had the opportunity with the experience of having a nightmare and doing the nightmare you break yourself up and you say to yourself i'm only dreaming and then you fall back asleep and you have that nightmare repeated i know i've had that experience i think that this case r arguments quite persuasive about the problems with the credibility determination that were made but that brings me up against what i view as an alternative holding by the immigration judge state given the the record in this case including but not limited to the country conditions and including but not limited to our knowledge of how really large and diverse countr area those same reports indicate that the government of india has the ability to track people down to go to another part of india to find some guy in this record shows that there would be anything other than with any certainty at all these were the same folks i think that what happened was because of the severity of his experience in one thousand nine hundred five which i guess i don't have to rehash the news in the parks and the people were shot he was running in the dark restoril dramatic for him that the idea of having to go through that again or anything like it was not acceptable and so he left he just left the country and you know that i think has touched lives and says maybe that's the difference between the human side and the legal side the fact that it's so traumatic that someone doesn't want to stay in our country isn't a legal standard that we're allowed to persecution is not if it's perpetrated by the government which in this case it was the person is not obligated to seek refuge in another part of the i think country with that government is it's not necessary to prove that you can live somewhere else in the country because the government has control over the entire country and therefore has the implied power to seek the person out again now it's true from the record that he lived in gujarat for several years without a problem that is true however it is also true that the government of india has become nationalistic the party that he's been in yester i know there's now a change again well which would seem contrary to your client's argument that that would be a problem for him now well we don't know because the government could change you know that they were seeking a separate state and that seems to have been somewhat resolved now however he suffered past persecution and the government has never proven because there was no pa persecution found by the church that the situation has changed although your honor raises a good point there is a person in high office of the sikh religion however that's never been determined at the lower level that's never been discussed and there are a line there is a line of cases that when someone suffers past persecution there are humanitarian grounds and your chance matters chance for granting asylum when the persecution is atrocious and the situation that he lives through miraculously in the farce running the bullets and everything was atrocious it's something only even the judge said simply by the grace of god that he survived one would not want to have to go through that again or even remember it somewhere else but the other family members might feel differently just briefly he made his decision and he said that there were no lights that that the car was turned in the opposite direction that the second arrest was a year later these are all not in the record the lights were your situation lie and it doesn't sound plausible to me what else is there let's look at the facts and as the immigration judge found them first of all as the immigration judge found his spear persecution  and four is based on one incident in one nine hundred ninety four he was what he gave one speech in college my he was active in college but he was arrested after one speech he was taken to others to a jail cell and he was beaten for forty minutes and no way is that acceptable however not because that the organization he was working for has been identified as the terrorist organisation he was not they were not trying to overcome his religious or political opinion they were trying to get information about the organization and suspected terrorist activities not his own personal runs they were released the next day and this is important not only because students protested outside but because the district commissioner of police to other police officials back on page sixty one of the records came and said you can't do this and they were released as a result for about an hour and then the police got a phone call at which point the beating stopped he was placed in a car and taken to the middle of a pharmacist and he was released and he  while the state department reports do you think that the police can find anyone in the country they also say that it's only time when there's an outstanding warrant there's no evidence that there was not standing warrant there is no evidence that he was a leader so has for years someplace else what is your response to that from my response remains my initial response and that it was so horrific for him that nightmare that he lived through that was actually a reality that he just couldn't is there that he would not now be safe well there are in this country whatever i have no ability to live someplace else in india it was countrywide violence against perpetrated against at that time ninety four ninety five were pretty violent years and many six were arrested detained there are many statutes and laws in india which allow the government to handle this is now an ark question the question that we have to decide is whether we are compelled by the record to conclude that he would not be staying in the ante on this record otherwise we can't overturn what the immigration tradition and i have difficulty on the object not given fair trials they were tortured and they remain in that situation not all of that has been corrected despite the progress in admitting siccing to the political system people who were arrested in those years many of them still