stable and yes the taliban government is gone but elements of the taliban are there mr barrett so i may or may not be in danger under present circumstances the record is silent on the merits of the asylum and withholding claim and simply considered the change in the government of afghanistan on the motion to briefed in november of two thousand and why you know at the time the board was having difficulty getting its mail because of the anthrax scare things were just very on stable and i would submit to this court it's possible that circumstances can strange so much that you may go from about asylum claim to a good asylum claims i don't doubt that but but but the only  to reopen or to remain and was that nine eleven occurred and there may be repercussions in afghanistan i mean that was intense and that's well but  nine eleven had occurred and there may be repercussions in afghanistan nothing to connect that in general instability prospect and general instability with individualized problem for your client that is correct and it is such a moving target how do we individualize of unless we are before the judge or even perhaps at the board if i tell you to send us some things  we say there was any problem sometimes things have just generally changed so much and it is still violent still unstable now he may have problems  based upon one of the five protected grounds he may not this case was briefed in november two thousand and one the decision was made eighteen months later in february of two thousand and three when i don't what are you  over here we're talking about some of these here now his claim that claim hasn't been presented the board ruled upon events in two thousand and three which was last free in two thousand and one things have radically changed and when there is such a whatever you have their children if you have some specific reason why the individual claims xyrem fears that he will be persecuted by the race religion sometimes politics i believe there was a footnote in bolivar has asked that many times in the middle east although this is the far east this can get very confusing and to he raised them in his motion to reopen to the board on page ten and thirty one of the record he indicated you know the change in country conditions in and the taliban in in afghanistan the taliban and his fear based on september eleventh and this court has stated that legislative facts don't don't need to be given an alien doesn't need to be given notice of legislative fact the fact that the boards took notice were the fact that the taliban was removed from power in afghanistan and then an interim government had been establ those weren't debatable facts they were undisputed if those things happened there was nothing that that indicated of course one can still sense is that you're also in titles to make a showing that even with those changed country conditions you might still face a well founded fear of persecution well your honor he did raise the cat claim as well in that both motions and the board found that he hadn't articulated a claim under that it wasn't likely that he would be harmed anything in our cap has to do with torture which is different from persecutions and you can said power in one thousand nine hundred four there is no indication what he's beard of them other than what maybe every other afghanistan a skinny felt you know fear of the taliban at the time but there's no indication that he would have been singled out or he would have having problems if he'd gone back but he did he didn't go back during that time they're no longer in power and and so that's an basically not an issue at this point at this point if there's a new government