injuring him on his shrimp farm during one of these riots he testified that a native in the mission man was attacking him the man said quote you best you chinese you don't it that's at the record at seventy three seventy five so one wonders i tried this case and it was a remarkable decision i must say  at the script form at that time the time of the destruction he testified he filed another police report regarding this incident but that the police running able to achieve any results it's a page forty eight forty nine of the yes and in the record certainly indicates that i would agree with you a judge that that ought to be the case i would point out also in the two thousand and three country report that the state department found there are more that more than sixty articles of law regulations or decrease that were in effect that discriminated against the chinese ethnic chinese criticized american i haven't got enough to investigate the one nine hundred ninety eight violence against services well no wonder they have state sanctioned discrimination in indonesia state it well we certainly presented it they have to consider but we can't force them to consider it we only present the cases and we present them with a lot of vigor so the application of your honor's is certainly my colleague spoke a little bit about the burden of the different birds of proof but i think it's a little more important to analyze that further than so far has been done because with respect to when you look at the disfavored group analysis is the legal results of this favored analysis is lowering the threshold of showing individual eyes persecution and your honour's have pointed out a asked why i can't watch it does if it lowers the ten percent with with well founded fear why doesn't it lower the fifty percent with with clear probability of future persecution and one of the reasons i'm not honor i just agree that the evidence here shows that they were only able to goldmark first of all if you read his account in the written statement accompanying the applications for relief when he talks about what happened he says he was attacked by the mob and then before he fainted somebody said move away move away and then he wakes up in the hospital that means at some point somebody stopped the mob from further going after him and somebody got him to the hospital information to the indonesian authorities whereby they could punish the people who had been involved in the first mob violence that's why later on he was attacked because they never actually got to their investigation with respect to that first mob violence never panned out and again we don't hold the indonesian don't think it can be said that the it's more likely than not that he's going to be persecuted obviously you know i'm not trying to argue that he didn't undergo outrageous mistreatment in indonesia i mean i think we can all agree on that but you have to be able to show to control it and that based on the facts of this case they weren't able to control in this case because he didn't he didn't give them enough to go on with there with respect to this particular investigation but against verdun oh it's absolutely the petitioners bur the circumstances which is why it allows for the creation of the disfavored group analysis and the joke in law school that you know when you whenever you have a totality of circumstances you know court can do whatever it wants so to speak you can create a test underneath  totality of circumstances to determine what meets that standard and well founded fear is a big circumstance is it is a very big standard clear probability is it is not it is as i say use the word elastic it's not b