he's provided credible testimony to establish the beginnings and they were the beatings were basically brought about by a rod hitting the petitioner in the back ten times while he was detained at the local police station it did c specifically in october the petitioner was at work one day and was surprised by the police officials when they arrested him and he was forced to go to the police station there they told him about the fact that he was disseminating christian materials and they knew about it and they began to beat him they beat him ten times that time as i mentioned earlier and he was in detention for three days alternately he was released after his relatives had posted a bond now after he was released cases that we've previously decided where abuse which was far worse than what your client says he was suffered was found not to be sufficient to establish persecution well there are cases that are far worse your honor i think in this circumstance there's a pretty wide pattern and practice of this type of behavior in china and i think that's kind of that land a little bit of credence to be a little more lenient on that aspect tag of mistreatment is persecution we're supposed to look at the reason i like i respect your belief but that's not the question the question is how can you help me if you want me to rule in your favor distinguished prior ninth circuit authority holding on facts that are more egregious than what your client claims to have suffered well that's that wasn't persecution for purposes of the refugee i submit and i have no argument in case law to distinguish but there is another way around it's the other arrived in the united states female to more religious material back to china the stories went to the home searching for him there's not much testimony on it but the judge and the government are arguing now that this is really he should be faulted because he doesn't really have a lot of information the record judgments like that the petitioner learns that the authorities went to a home through a friend now this friend was told to call the petitioner position to be asking a lot of details at that point he kind of took the fair warning and decided to get on with his life now i do believe that independently the petitioner in this matter has established a well founded fear was a claim raised to the didn't tell the truth to obtain a visa which we've been discussing this morning which in itself i don't think there's not a lot of testimony on it either he was just he told that he was coming for business purposes when in fact he was feeling well i think he let's go back to that why is it improper for a fact finder to consider evidence that the petitioner has a law in connection with his entry into the united states as a basis for determining that he may not be credible your client paid him five and some friend five or a thousand dollars to get a business visa they arrived on the jet at l a x and then the friend disappeared and your client has no idea i believe in everything that  is accurate with the exception of the price i believe it was about a thousand dollars or something that was mentioned in the record but everything over the lighting of the i j a look at that and conclude that what we're dealing with here is he went to an alien smuggler and paid him for a false document herman whether to exercise the attorney general's discretion well i don't but well it is a relevant factor did decide expression the baptist didn't get this far this week didn't get that far better said the the judge said that it wasn't passed persecution and in a terse one or two ten times with a rod and then he as if he didn't suffer pap persecution at least it definitely harmed and some harm the relevant in assessing future fear now if you can lay that in but i don't think the fact that he lied given the fact that given the circumstances of  these other standards that are getting injected into the immigration cases well if it depends if the pentagon not at the for example i know that there's a clear and convincing evidence preponderance of evidence of fifty one percent and the preponderance of evidence of usually is that just some evidence in quantity he was monitored if you find a confession after he came back you still sent for the religious literature and they came to see him there is no question that this is a well founded fear i don't see if this is all true facts and the record is a credible record i don't see how a fact finder could say otherwise if a person doesn't have a well founded fear of one thing i would like to know or acting all around your standards you did no reasonable fact finder to find otherwise but i would