my name is jason rushing and i'm appearing on behalf of the petitioner del shire in this case the petitioner through his credible testimony clearly established that he had a well founded fear of persecution that well founded fear of persecution was based upon his minority klan status was based upon the murder of his father and his uncle by enemies of his clan and it was based upon the fact that in somalia there is no central government and that somalia is dominated by ethnic client base militias and that he is  he's coming from a country where as they put it there's general chaos and violence and strife but he's also from a group that is who is where the situation is appreciably different than the average somali citizen and because of that there's no protection for him and somali has no government that can protect him he has no clan that can protect him and that's why i think that he really clearly did establish that his fear was objective well i well i think he was some documents that were submitted in the case i think by the government that showed that with the fact that kenya was beginning to get tired of having all these somali refugees and was trying to get them out of their country i don't have that cite in front of me but i can find that persecution and aside from the ill treatment of those relatives i don't think your honor that he actually established that he directly was persecuted in the past i think the standard that he would have to prove is that he had a objective fear of being persecuted in the future and that the reason the way that he would establish that has to do with what happened to his father his uncle and also the situation that he faces as a minority klan member in somalia i and i think that it's not well liked by the other no jury clearly it's not it's only two percent of the population and they don't have any militia and they don't control any territory and the reason that they're disliked is that they were tied in with the really my arguments really cautious and that has looked at the context of the case where you have conditions of civil strife and general violence and the coach has said in that situation control the question is does the applicant what there's a lot of cases as an appellate judge that you look at that you say ok i might have done it different it's what words you know about a standard i don't know but i would i think the court either way there are written ways they could go either rationale for denying asylum other than to say somalia has a lot of problems that's why he left there was not any evidence in the record there's no testimony where the petitioner says well it was bad for everybody in somalia that's why i left rather that position or testified quite clearly that the reason he fled somalia was because of what happened his father and his uncle and because of this situation for his clan that it was a disfavored clan and that it was not safe for him anywhere small apparently though on the record he wasn't really able to he couldn't provide any reason why he believes that his father and uncle were killed by a rival clan other than the fact that the clan was known to be violent and powerful and apparently that somehow was you know weighed on the idea in a different way than you're asking this court to if you're honor what he testified was that the reason he believed that they were the ones responsible for the murder is that because those were the groups that were controlling my name is jennifer lightbody and i represent the respondent the record evidence in this case does not compel the conclusion that petitioner shire has a well founded fear of future persecution in somalia accordingly the court should reform the board's decision and dismissed and dismiss the petition for review in his brief to the court the petitioner cited as compelling evidence page one twenty six of the record to support his assertion that there is a well founded fear and in that portion of the record it talks about killing strassmann intimidation and abuse of certain minority clans and there are lot of unclean hands that are listed among that group the claim that is missing visibly supported the old regime were gone or balta retaliation and there is no evidence in this record that the petitioner in any way supported the prior regime and i believe in ali   of all the in the refugee they were safe in refugee camps because this was the most his favorite clan of all those in somalia among the somalia clans so i'm not trying to import the evidence but that's but then we rejected the the two thousand and one country reports do indicate that they are vulnerable but again it's for those who visibly supported the prior regime and also at page one hundred nine it does indicate that that cl was targeted but during civil strife which supports the immigration judges finding that this is civil strife and i would also point the court to page one thirty nine of the record which is evidence that the petitioner submitted to the immigration court harassment by somalian clans in rural areas do not necessarily find themselves facing difficulties in mogadishu now and this is a two thousand and two article that further says that newton have been able to resettle in one twenty six of the record which doesn't support his position but he also says that it's based on the killings of his father and uncle and well the immigration judge did find a petition credible at page fifty two the record the immigration court says that it does have some doubts and reservations regarding respond petitioner's surmising of the reason for his father's death so he does question  the actual statement that petitioner makes with respect to how his father and uncle were killed it's merely his belief that his father and uncle were killed by this clan and while he was found credible an immigration judge credited that that that w least it doesn't mean that that is actually the fact that his father and uncle were in fact killed by this clan by analogy if the petitioner had said that he was the king of england  doubts we had some reservations you are credible but we we don't necessarily and well we believe that you believe your father and uncle were killed we don't necessarily believe the altar she says she's setting a conclusion that his father and uncle were killed and that's he doesn't she wasn't there time he never claimed somebody told him that his father and uncle were killed by this rival clan he it when his father was allegedly killed he wasn't even present in the country at the time he didn't have a death certificate he didn't even go back and try to find out the basis fifty four fed thirty eight fifty nine which supports the government's position that there is no evidence it was his the leaf and he stated that that was his belief of how his father and uncle were killed but it isn't it isn't a fact and i persecution it has to be something directed at the applicant and there is no evidence that any of that was directed at the applicant immigration judges decision personnel with respect to doubting about the or having reservations regarding the reasons for the fathers and uncles death as well as the record evidence in this case particularly page one of nine of the record one twenty six and one thirty nine of the record constitutes substantial evidence supporting the immigration judge's decision furthermore the petitioner has not set forth any record evidence which would compel a contrary conclusion what he started here today essentially is a claim that his client is more  and here the judge really doesn't give evidence to rationalize why he's been on the case other than to say there's a general sense of violence and unrest in somalia and if we follow that theory and apply that to asylum cases we would have also the argument that the i chase decision is not there's no support for that and there's not looking at the substantial evidence standard that the action suspension doesn't have substantial evidence to support it and in this situation where the b i farms without opinion we would just look to the i just decision and there's no real rationale for why he would claim that somebody whose father and uncle were killed in his from a disfavored minority clan why that person would not have an object a fear of returning to his country you know it's i think you would you have to show here is that this this clan and we'll just have to veil in the record it was so disfavor because we felt in other cases that i think the guatemala cases come to mind where you have indigenous populations that get caught in the