and he is parents happened to be immigrants from the other side of the line and he spoke their language she spoke three and one of the eritrean languages but he also spoke the language please the court eric margolis the united states this case involves two consolidated petitions for review the first of which is a review of the immigration judges june two thousand decision in the decision the immigration judge assumed that the titian or mr or that michael was credible longer has a well founded fear of persecution on account of a protected ground so you're going to you've got a very good summing up so we've brought us right to the key point what is the evidence of change country conditions to be clear evidence doesn't have to be simply a change country along in for three conditions have just essentially switched literally overnight based on the new york times article announcing that they've signed a peace agreement we have contemporar happening on the ground where this case the immigration judge found that the new york times article was acting in combination with other factors other evidence submitted by mr wald michael showed that he no longer had an objective reasonable fear of persecution ethiopia is they put in an article about an event that happened twenty four forty eight hours earlier which has nothing to do with how it's actually implemented on the ground or the changed through torture training correct correct  post hearing i j hearing evidence there's nothing in the board's decisions to yes they did anything of the sort so what we're left with we're reviewing is to new york times articles plus as you say the jay's reference to the think i would i would like to point out however that the regulations the presumption can be but they've not been changed country conditions for the changing circumstances and we believe that after mr weldon michael was detained and released he but the court also needs to in determining a well founded fear look to the objective reasonable ness of the claim and in this case even if that's what mr walker michael believes was the reason he was imprisoned objectively the evidence th effort and varying opinions about whether or not he has a justifiable for future persecution as your honour's probably well you know cobra two thousand and five the department of homeland security the office of the principal legal adviser at that immigrations and customs enforcement if you do a memorandum which is not binding but it suggests that government can exercise prosecutorial discretion adjustment cases however the first criteria in that memorandum and i understood that we all do without instruction was to be you just routes people out here in san francisco so that they knew that they could exercise some discretion along with whatever services which is a different section of the department of homeland security but you know we're getting hung up on the bureaucracy and how the whole idea of the memo as i understood it was to help cut through some of the left and right hand but certainly i don't understand exactly how the situation you're talking about arises in such a way that the same principles of trying to get to the ultimate resolution in  and a again militarized zone among the six hundred mile border and the heavy diplomatic discussions by the bush administration and other garden tours of the peace agreements is actually is what is keeping the two countries from