the most troubling aspect of this case is the department of homeland security's initial attorney on the motion to reopen did not oppose police report to corroborate his injuries and the i j a the i j a said that without it he he might assume that the petitioner was the aggressor in submitted a declaration stating that he was beaten he was in a lot of pain he was able to come to court he at that point in time was pro fed ex a delivery to the court it arrives at the court on the day of the hearing he had a detailed affidavit his wife says an affidavit there was a picture of the santa in writing i believe that's the fastest way he would i don't assume he would notice in their career so the problem is hell what do we have the told us that because he's better i've seen i think all the pictures in the record and none of them seem to he that wonderful anyway why does it tell us that he could not come to court nobody could drive in there he couldn't get to court  well there is evidence from the doctor that is going to have what along with the clinic notes stating that he had that he had come in he states that he was in a lot of pain that made it difficult given the concatenation of the circumstances i think it's believe a bull that he couldn't make it to court on that day now remember he's a pro se person he's not  first of all he sent his fed ex and you try to do the court he made a good faith effort to try to tell the court i'm in bad shape i can't make it to court he then filed the motion to reopen and he complied with all the facts tell determination that he had a condition that was so serious that he could not come certainly serious illness or death the nothing well i think it's serious illness there's no we have a president that if it's inherently believe believable with there's no evidence to the contrary we believe in the i just neither the i j a know the board that he has it wasn't i simply didn't feel well i got punched i could've come to court he said i was having a lot of difficulty in my eyes were hurting very badly in my face was hurting my body was hurting and that's the point i would think that a reasonable person w you open when you're in a specific position you know what i don't have the statistics on that and i and i think that the you know for the final arbitrator is the immigration e the other point that he brought appears that the amount of information and evidence that was proffered this case is even more towards the point of what can be put in front of the board after the immigration judges decided the case more information want to backtrack a little bit to speaking of the severity of the injuries that occurred the medical documentation that he did submit the medical documentation and i started speaking of  there was there was another i believe there was a couple of documents  there was more medical statements at least one more medical statement that was submitted did state concern and there's a credibility issue here again two points the board set back and said wait a minute i don't agree with your speculation that this person could have self inflicted these because under under the regulations it states that the the the circumstances exceptional circumstances you could have caused those exceptional circumstances so if you had started the fight if you have started the fight then those would be exception but if a person takes a hammer and hits his hand and says i can't go that's a different i would i would argue that starting a fight and being the protagonist in a fight is also making yourself not available to at both of those there's a lot of things this court has to overcome in order to find an abuse of discretion however we agree the respondent could have corroborated a criminal attack through a police report more importantly we agree that the respondent has failed to substantiate his injuries were severe enough to excuse failure f subject questions that concludes thank you very much first of all those different levels of fights there's a case that is that i argued about two years ago close of the moravec that's a precedent in the circuit which knows that someone in self defense could still apply for asylum so you'd have to look at the overall circumstances of the of the fight i mean if he bullied someone in cause that caused the fight then maybe he wouldn't qualify but if he was the initial aggressor for a minor reason then we're getting into basic criminal law definitions he might still be eligible but aside but aside from that i don't he was not he was not the aggressor in the fight he was attacked that's clear from his declaration a police report would seem to be irrelevant to the federal express i believe it has his signature on it we're talking about making a trip from santa barbara to to los angeles he could get out of bed for you know momentarily to go to a fed ex drop off and deliver a package if you thought you had