matter i'd like to get straight to the point which i believe is that there is a viable case for asylum that's literally kids pain within the immigration judge's decision one the judge finds the applicant credible secondly the judge noted in his decision that he makes a comment page sixty three at the bottom sixty three of the record which is page twenty one of the judge's decision but sixty three of the record where he said if one accepts the testimony of lead respondent then it is politically motivated retaliation because of the but i believe there was some confusing testimony up there ok also one other point is at that same page sixty three if you look a little bit above that he talks about i aimed specifically at him and what was that incident on april fifteenth of april fifteenth that was when  apologize to you for not getting to this morning but the point of the twenty eight day is that it's a jurisdictional issue a matter of instruction that petitioner has failed to raise any issues in his brief to the board which is part of the brief when we looked at it we realized there's an exhaustion issue here that hasn't been raised so i wanted to give you the twenty j to let you know that this is at issue and that because petitioner has failed to raise any issues to the board of immigration appea georgia he has a passport from armenia he specified he can't go back to georgia because he doesn't know anyone there doesn't have any friends or family and he has testified he would have no problem going back to armenia although he's a citizen of georgia so he was a bit confusing but his testimony is consistent brought to the police station and he was beaten he testified specifically they were given a hard time and not just me they were giving a hard time to everyone he said i was not alone in the police station i saw many other people there in one thousand nine hundred sixty said five armed men came to his house and they said why are you still here in georgia you need to leave he said it was the exact same as what happened the first time he said i don't know if it was police i don't know if was gangsters i don't know who did this in  arranged by the georgian nationalist they raided the neighborhood that it was a day of massive oppression and removal of armenians and we were the victims of this massive raid now what the board says in adopting the decision of the immigration does the board did this specific finding where the immigration judge said this appeared to be individualized the board said we agree with immigration to the extent the immigration judge found that they failed to meet their burden and that they were subject to random the other incidents that petitioner has complained of were in armenia now the first one was in one thousand nine hundred one and this is when he was fired from a job because i mean it was going through independence and there was a lot of turmoil and this was pretty much  seven he didn't apply for asylum he then returned to armenia and he said in his testimony that he became involved in politics now as an immigration judge noted this is not in his asylum application anywhere so in stating that he didn't say this in his asylum application this fails to establish the level of evidence needed for past persecution he also he said he has a daughter in after you returned to armenia after being united states and not claiming asylum your daughter lives in armenia she's lived there her entire life and she has never suffered anything why does that matter in terms of a finding of past persecution well i think they're got this episode that would seem to rise a level past persecution if you judge him credible now it may well be that because his daughter is living there and because of the other factors you mention that the government would be able to send it back pursuant to vent turn or take into consideration changed conditions in the country in georgia for example thirty seven incident on page fifty eight of the ok ok i'm sorry i'm sorry page fifty five of the record for a bank with police uniforms and feet have and you know police uniforms and they would be i think even if it's one incident that's pretty severe that police officers would beat someone at their own home that would probably rise to the level of more than just think a little bit because  decision that's the way i read it the what's your position on exhaustion my position is is that really an issue in this case because if you you know i'm looking at the decision and i with me to the argument today but we can check it out later yes your time is expired so any any final remark you want to make you know all right there again the case is for will be submitted