leaves he came to he discovered that the aerial photographs were being used and went in in an illegal manner and he brought us to the attention of superior general mangers colonels all these are these people that he went to and their under which he laughed and the one thing that the judge mentioned that cuts against the argument you're making here is that he was allowed to leave the country on a thirty day vacation by superior officers in the address the how do you respond into the immigration citation to the fact that when he went to the united states embassy in peru to obtain a visa he never said anything about these return to your country after the limited amount of time he says i'm afraid because of my whistleblowing activities and he specifically did say to the judge that that when he made the decision that he was going on vacation he knew that afraid that you know that he was going to be able to get anything from them i would like to go back to we made this comment about the he was having problems because of his whistle blowing activity how do we what is the evidence basis for making the transition from having problems called unquote to persecution past persecution well i think he did say and maybe is that there was pressure on him making it clear that would be difficult to life and career and when he was asked about well what does that mean to you he said that he was afraid that he could be assigned to a place and then made to disappear and in fact he didn't try to in order to get out of having to pay for the pressure he does talk about that you know one day to be a general and it's the sister mentioned that people and in the military generally pretty well taken care of so the making of a sister she had something to do some of those photographs to she irregularities in the unit and that he should not come back to you know divulge so i mean some of those anonymous phone calls did speak specifically about what the problem was with connected support the board's conclusion that life would not be threatened on account of protected ground in peru and he didn't suffer any past harm of any kind and he received some b entirely consistent with somebody who had deserted the military after taking a four week vacation and failing to return and so the board was supported by substantial evidence including that even based on the brother's apprehension that that was not sufficient to to trigger a finding a future of likelihood of future persecution in our possibility of future persecution and the with respect to the motion to reopen pitching for you there was no abuse of discretion because the additional information that was introduced the additional evidence have introduced relating to these anonymous phone calls had already been introduced previously even though there were additional anonymous phone calls see and had failed to comply with his military obligations you know i'm still troubled this because of the board's finding the credibility of the means that i think we have to credit that he was involved in the dispute with the air force which couldn't on the board itself seem to assume would be a whistle blowing type of activity that would be protected imputed political his having gone a while because if one is a whistleblower against the air force one some plausibility to the notion that someone might be at risk if in fact he was a whistleblower against  government officials and therefore so why isn't that enough so i'd say that he's created a reasonable fear of future prosecution of first future persecution right i think that the two things no there's no question you know that yes the record i mean that's what the the record the conclusion it's a record my support but in any case the the issue was whether or not the record compels an alternate conclusion to the one that the board reached and the board reached the conclusion that based on all of the evidence in the record the reason why by the air force was after the position was because he had just started on and given that he had taken this four weeks vacation that he'd been granted permission  persecuted in the past or that he has any reasonable basis of being persecuted in the future and that's what i'm trying to sort out here because of one assumes he's a whistleblower in peru and th that activity could be persecuted why hasn't why isn't one part of what the record shows is that whatever they may get him for for going to a wall of in the desert or there's still a reasonable  corruption is always planes approving the military and police and was radioactive escalation in the ninety's and was when this took place and so this is this is rampant this is just part of what's what's going on there with regard to the vacation again stop it and there's a whole bureaucratic process to be talked about and then the last point of came last point the again that's the fact that it is families there is they're they're