the responsibility of reconciling seemingly inconsistent decisions or it was given the opportunity to in fact announce a new rule with clearly established guidelines the board stated that it was merely reconciling it social group that was found there was opponents or women who was just f d up the problem is that if you read the matter of a single or they actually detail the evidence that was provided there is not a single document or single piece of evidence cited in matter of a single that indicates that society perceives women who oppose f g m as being a distinct group they talk about the evidence others vast numbers of instances of after him how this b g the board left on answer to how we can reconcile the matter is single with this social distinction which they claim that they have been applying all wrong and that leads to the errors that occurred here because the social distinction requirement detailed in any b g they then go on to factor create a new requirement that had never been applied and in fact violates its c f r twelve zero eight one three which says that an applicant by his or her own so that it can be done by newspaper reports the problem being that they never said it can be done by the person's testimony or individual experiences they can document how they are perceived by society and that's what happened here and because the board in this case and the immigration judge in this case were following and e g the judge's exact words was there was no evidence of how society views people who oppose this cult in nigeria the rock acts group the judge those words were the words was no evidence to the contrary there was his testimony which was found credible but she indicated specifically that people who oppose this group or refuse recruitment or are relatives of members of this group or members who have resisted this group are specifically targeted in addition the several letters from  family detail exactly how people in nigeria see or know what happens to people who resist a black action i would quote from the nephews letter he says the black axe is known as one of the most notorious social groups in nigeria and then this is the important part who will castrate or behead whatever announces their membership or obstructs them because of their popularity with the government so not only is the group like x known according to the nephews letter but in fact what general as well enough to get and the reason that he was being specifically targeted is related to his kinship that his father was a former high ranking member and in fact had nominated him this to be of the future  do kind of get jumbled up the perception of society of people who resist forced recruit of blacks members and blacks members were can you can have this kinship relationship or or former members are particularly targeted which is what history that he talked about and why he discussed not only that is father was murdered his sister was raped and murdered his aunt was targeted and he was targeted because this is the kinship and society sees what views as a particular group perceived for his family ties he talked about that so it there's multiple potential groups being discussed and just because society views all people who resist the black ox membership evidence of the family's letters in addition to his credible testimony were ignored entirely by the judge and this evidence establishes not just that his father was murdered his sister was murdered and that he was kidnapped and held for five days but the reason why they did it this evidence specifically establishes that it wasn't random but it was specific to his opposition to the black that's that's that's the spot where you believe you've argued the nex indicates that in fact they maintain an involvement that there's a high number of government officials who are fault because that there is such a prevalence on campuses which are viewed as issues of something percent and so this is a way for them to maintain some sort of control and was kidnapped after he alleged that he was right and when he went to his aunt's he never calls the police again he never follows up about his father's investigation either so that one instance there's no other statements regarding government corruption and the fact that there is that that there might be some clues in excuse me not clues in there might be some corruption in the government might involve cards these are  general statements and his general statements are repeated letters but there's no actual evidence of it rather than that in the reports that that were in the record the state department report itself reported a number of police officers admit that this is not necessarily the best situation but when they were confronted in a call to go arrest members who were involved in violence there was there was there was a violent confrontation number of them were caught but they were on their way to arrest cult members on top of that the home office operational guidance you know observes that the police commissioner which is where the where this petitioner said he was wrong said that police commissioner said that the federal government was doing its best to talk a cop violence and this was repeated in the canadian immigration refugee board report that was also in the record all of these all of the background country evidence report here matter of everybody as a matter of energy pointed out there were reports in each of those cases that they went through that said something about that in some way in matter mentioned societal evidence they noted that additional evidence had been submitted to society's perception evidence that the national police played a high profile broader combating  evidence and that pace whether that would be sufficient i don't know but there was some evidence of society's perception there the difference between that case and this case is that there was nothing in the record th regulation which indicates that a person can establish their claim by their credible testimony testimony alone and he seems to require and certainly the judge in this instance required background conditions contra conditions evidence relating specifically to the social group which in some instances may be impossible whatever evidence is out there was presented but his testimony and the letters of family members dealing with this particular circumstance what with what they experienced does a stablish the group does a stab of that his father was a prominent politician in their area but his father was a senior member or somehow a high ranking in black acts and in fact had designated him to be the future leader everyone knows what happens to people who resist and then the question becomes well if not only did he resist but he is the son of a former prominent member of the scroope and the future designated leader of this group was resisting that  would certainly indicate that society knowing that information would see him as this i think that that's just the members of the group you know sort of looking outward i  everyone knows what happens to people they're castrated and or beheaded and so that's the knowledge of general society for what happens to people who resist and i realize that bet is it does it does require some looking at maybe some circumstantial evidence to making conclusions the problem that we have here is the judge said there was no evidence the judge didn't consider these letters as evidence of social distinction the judge said there was no evidence apparently file following an g which indeed gave no discussion that person could establish their membership in a particular social group or social distinction for their own testimony and e g says these are the types of evidence we're looking for and makes no mention their testimony which is completely contrary to the regulation total weight one three and so while certainly there may be some question as to whether or not this evidence especially and we haven't even got an answer yet because the judge view only certain types of evidence as being able to establish the claim  very least it would require remained to determine whether or not the evidence was sufficient by the agency no going back to stu any of you gene trends of how it reconciles with other decisions matter of kissing it makes it even more difficult i mean the gene now makes it even more difficult to reconcile matter for a single because again while the board pointed to evidence it only pointed to evidence about the prevalence of f p m and as well  pointed to evidence of what the persecutors do to people who resist so how the board is able to reconcile its requirement that it's not in the eyes of the persecutor to establish the social group that society as a whole where increasingly they actually report documents that this group was set up by soldiers and then i believe on two sixty nine the following page actually indicates that the i think the term was even that all law had been enacted banning them he prevalence and openness with which they were operating was shockingly high i think was the word that shockingly or some want something along those lines and again that can indicate that well if there  a group set up by soldiers and no enforcement of a ban on it and prevalence throughout nigeria society especially on college campuses a shockingly high that can certainly indicate that there would be an act yes and so on behalf of the government any harm being done the second point is as individuals experience is the fact that when he reported that his father was beaten to death his sister was raped most of times and then slashed to death with a machete and the police did nothing also indicates that there would be