the main issue in this case is whether a reasonable adjudicator would have denied withholding of deportation with respect to china and panama we've also argued in this case that the humanitarian with the principles that are in libya institution and matter of chance should also be applied to withholding the deportation cases and the circuit has generally adopted matter of  his father had had two twins at that time and the authorities couldn't succeed in arresting his father so the arrested him he said he was taken to a small room and beat up throughout his whole body from noontime until midnight from the injuries and he thought if he didn't escape he would die so he broke out of this detention cell and he broke a window requisite fear of persecution and we believe under the one child per family policy that he would still be persecuted again he has four children the penalties range from fines  so it's unfortunately congress is so legislated so the issue there is would he have withholding of deportation with respect to to china but with respect to panama what's what's troubling here is that there's nothing in the record that shows that he has any legal status in panama his entry was on a bogus passport which is admitted working responsibility go yourself you're involved in this case correct you understand that yes i do understand you want to be sure that they're over in the same place well there's nothing that's prohibiting from them from going to the same place the order of the deportation raid to different l there are questions about the actual execution of that order of deportation those questions to be taken up later those questions can be those questions can be presented i wouldn't say that they would be foreclosed those questions can be presented to either the immigration judge or to the actual official a need to separate to separate the family but i don't know why the immigration judge laid out that his order in that regard your honor that's the way the immigration judge laid out his order it may have been the case because the wife was born in china and then the both individuals were born in china and the immigration judge laid that out and you know it's just you two steps here sustain or not sustain the immigration judge's order of deportation the question as to his actual execution are question our administrative questions for the immigration judge or the board of immigration appeals to take up if there's a concern that these individuals are being split up and the order of deportation once it's actually executed the question here in the court's jurisdiction has been invoked to review the immigration judge's decision on whether they should be entitled to voluntarily part they cannot just to go back to panama and is that what you were saying and as i understand this court in this contrary there are going cases this court can have jurisdiction with respect to voluntary departure and that it again it's a two step process we look at the immigration judges decision on the merits but as far as the actual execution of that order and that should be left to the immigration judge if they so choose to pursue that and they have a concern about the actual execution of that order of deportation but what's clear here is that petition  back to panama and not to china and further with respect to china there's nothing in this record here suggest that the policy the course of the population control policy of china it's employed against those who are returning to china with more than one a passport that they sought from the chinese embassy in both that so if you have a claim with respect to being harmed in china why are you going to the embassy in bogota colombia to get a passport back to china and that's in the records that no one so that belies the claim that there's a fear of persecution and china but in any event the family can return back to panama business this is a businessman who went to the united states on three occasions and not once on those three occasions with that individual apply for a that whatever happened to the petitioner down in panama at that time of civil strife was related to one of the protected characteristics under the withholding of deportation statute and there's nothing for the government w together and going to panama or going to china sparse i can tell from the record your honor the family might have to split up they might have the children maine here this is pretty common by the way and immigration cases sometimes will say so you don't know i don't know it's not clear from the record but it's not uncommon for there to be unfortunately