today to try to complete what we started in two thousand that's to get asylum for a petitioner who has a serious problem now there's no credibility issue in this case and immigration judge found that the petitioner had a clear probability of persecution in iran on page fifty eight of the transcript you know say if you would be inclined to grant asylum page fifty nine to i just want to go through some facts and i appreciate the extra time response that petitioner is a native of iran where his father was the mayor of a city called shah the family was persecuted the petitioner spent two years in prison in iran and he was forced to watch the execution prisoners being told why he wasn't firmly recently in germany sure the german government itself told him that to get german citizenship he had to go to the iranian consul and renounces a rainy and citizenship and did so and he did so even though he says he told them that this was a dangerous situation but they told him he had no choice to get the german citizenship and he subjected to harassment campaign well he you know no he's not firmly resettled because this restriction under the german what that time which required him to take in order to get german citizenship he had to law he doesn't have to be a citizen of the host country to be firmly resettled but the if we were to i jake was denying on the basis of reading that regulation  that regulation specifically says an offer of permanent residence or citizenship and then under section he says talks about consciously restricting or substantially restricting it's the german government that has repealed which is of no help to him but because of that that rule that that we would argue that he wasn't firmly resettle persecution in germany that based on based on the german government now by is it raining in by the terrain agents that are operating inside germany and s page two twenty seven page two thirty five to the police reports there's a letter from a member of the german parliament about the situation the petitioners  wife pastor boy her late uncle had been the minister of justice in the german government during the willy brandt regime she had asked him for help there was they were unable to stop this campaign which went on for over for a german bureaucracy is very slow even after nine eleven while our investigators had arrested hundreds hundreds of people they had arrested very few is it the fact that the german authorities did not take action or the action that they took was not satisfactory to your client well they took minimal action which could be bush's tantamount to not really taking action they went through some they may have wanted a stronger investigation they could have assigned security to them his wife after all is a prominent pastor of a five thousand person co inability to stop persecution but basically there's these people were subjected to a long term amount of death threats harassment  and they went to all the channels that they could go to and they were unable to be protected so what is the answer to this to this problem in the in the mind of the petitioner and his wife had to leave germany because it is like they felt his life was not in danger that the german government could not  could not protect them now the last point that i wanted that i want to make goes to the due process argument in this case the take granted withholding we're presenting a novel factual situation to to a two to the president's hand and the board shouldn't if you're going to have any effective review the board should should at least look at these issues it's different than any any average case there is that there is a far there is a credibility finding with received asylum in germany he lived there for ten years he had virtually all the rights freedom of travel work property in essence he would be what we would call in this country a lawful permanent operatives there are after him and there germany's not able to control them you know we have people in this country the terrorists that were not able to control that he's got all of these incidents that show does it but it's trying to figure out who is doing it and admittedly in every country not all crimes of are solved the question is is the government unwilling to control these individuals whe willing to control them but they are the people i think that's the other but there's no there's no there's no question or evidence or they're unable to control them either i mean the fact that we have nine eleven does not mean that this government cannot well you know the i q says that there's no evidence and again it's petitions burden that the government cannot control or is unable very mind the government has given this individual here asylum in germany and there's no government of the united states slowness is not the same as unable or unwilling and at this level they have to be evidence at best that the record compels a finding that the government of germany unable or unwilling to control individuals who have not been identified by the petitioner but there's there's a more first group out there and there's just simply no evidence to compel a finding petition a favor on the basis of this record alleged torture as a people who are agents of the government there's absolutely no showing of that on the record with respect to the due process claim your honor i think that there's absolutely nothing novel about the claim here much of the brief focuses on for me settlement and the fact of firmly settlement the other issue is whether there's a clear probability and a likelihood of torture on this record here there's really nothing remarkable about it there is certainly no evidence in this record that makes it a complicated case whether the government of germany can control people who they really don't know and there's certainly nothing complicated about the issue of torture there's no even out the there's no allegation that the government of germany is involved in the torture assuming that there a should have an opportunity to give a considered decision on this issue because i don't think this decision is considered i don't think it went through the procedural hopes that you have to go to through in order to consider and  in this case we think that he's gotten the benefit of the bargain but well i would i would say the court me doc decide the legal question of whether the court would just assume and as in every case where there is an assumption that he's eligible for it and i would be more than happy to brief the issue as to whether as a matter of law understand your position is a phoning that he's entitled to apply for file i'm from germany he didn't meet the criteria for eligibility for yes your honor on this record here either on a well founded fear basis or a clear probability bas between what he did and the beginning of this campaign against him and the renouncement was done in march of ninety ninety eight and the first incident started in shortly after in that's true but we're not talking about one incident we're talking about a level of incidents that went on for during the year we're talking about death threats we're talking about the petitioners wife picking up the phone hearings threats in a foreign language where we're talking about a situation where she's a prominent pastor and the who is on television and just hold to that when the government failed to investigate the murder of the african son called an amnesty international indicated to government was unresponsive to violence towards and persecution of religious minorities the government was unable or unwilling to control the the threats that came to the petitioner were extensive they want on for a long period of time just just one incident of having your bicycle slashed is not persecution but that's not what we're talking about we're talking about a sustained situation overall over a years period we're talking about a number of police reports request to the german parliament for help request to a former minister of justice and at that point t respondent leave germany he doesn't leave after the first incident or after a month he made a serious effort to try to get help from the german government under these circumstances i believe that he's