d that the corruption or abuse that he is going to testify against is not an aberration it's something that's more systematic my point in referring to his article is but what is it that makes him in persecution as opposed to anybody else who gets rounded up for whatever reason and is in custody well he has been arrested twice he's been accused of being a terrorist your honor and he was arrested on th third occasion because of his willingness to testify against police police officials who had disappeared his cousin this court held that whistle blowing against corrupt government officials can constitute person retaliation for such which was a blind can constitute persecution on account of political opinion and the court went on to say that when the alleged corruption is inextricably intertwined with governmental operation the exposure of such abuse of public trust is necessarily political certainly it's our view that the retaliation that mr nonda suffered because of his willingness to testify against the police officers who had disappeared his cousin underground it's  willingness to testify against the police officials who were just there i don't think is that all relevant to that because dean is concerned situations where the police are have some legitimate law enforcement objective but what officers so there was no legitimate police interest here they had no legitimate law enforcement interest their interest with regard to that third arrest was actually contrary to any conceivable law enforcement objective because they were attempting to prevent him from testifying in a judicial proceeding against the guilty police officers so deano would have no relevance at all to that third arrest the third arrest in our view is that an account of question is clearly controlled invoked in the notice of appeal to the board if you can help me with a particular issue the one of amin credibility i mean it's not clear to me what we have here we have an adverse credibility finding do we have no credibility finding do we have a favorable credibility finding favorable credibility finding we don't have an unfavorable credibility by what is it that we have we have sort of wandering around in the questionable wilderness just to whether it's credible is not in the government seems to suggest that when push comes to shove we've got to send this back for somebody under old roughly by the time it gets back well the combine match doesn't seem to add up to anything that ok but the second third incident is your point the second the second detention and out of torture we would say that that's few and i certainly agree with you a lot of our immigration cases are an enormous tension with each other but at least the new says the question is whether petitioners warner's burden of showing that the purported criminal investigation has no my view is and you know we file for me hearing and even because i think it's absolutely inconsistent with this other line of cases i can't reconcile deano with this other line of cases because if you look at blackall lopez for example same thing the guy was accused of running guns for the salvadoran guerrillas he was detained he was accused of being a guerilla the court found that that's necessarily at least in part an account of political opinion right now and exact same situation this man was caught red handed transporting weapons for the  accused of being an l t e member a terrorist courts that it's necessarily the case that even though there was some legitimate interest in gathering evidence against the l t e it necessary was at least in part also on account of political opinion of those cases are almost on prevailing precedent i wish that i could find a way to reconcile these cases i can't you know we argued to the court in dino that that that line of cases was controlling my point is that even if you disagree with i guess the point is that there's no reason much less a compelling reason but under this the standard of review if you just know we need to show that there's no reason to conclude from this statement that the police mistreatment of him a rose from a and that they were that they were investigating and of course being a terrorist or otherwise engaging in criminal activity to achieve a political enemy is not a protected political opinion or activity uncle's son cannot be found and i have to tell that he was arrested with me and it was at that point that they said quote we're not going to spare you you're working with terrorists you are a terrorist you're working with terrorists and the moniker that to me  is a legitimate law enforcement active that they had issue here they're accusing this man of being a terrorist somebody who sides with the militants because he's willing to testify against police officers who are engaged in human rights abuses that