brutality community against gay men in jamaica on account of their sexual orientation it discusses mob violence stabbings and targeted shootings i both police officers prison officials vigilantes and mom the laws of jamaica target game and they punish them with have to ten years imprisonment for any intimate contact whether in private or public moreover they face further persecution in prison all of this is in the record these are und similarly the government is arguing that a person who is not experience the past persecution cannot meet the higher burden of demonstrating more likely than not chance that they will face persecution or torture they argue that it be too speculative but th is distinguishable well he was distinguishing the controlling president which is very persuasive and why mr bromfield is entitle to withholding and i think that's also how the government reads it if you look at page twenty on their brief they talk about someone without demonstrating pa persecution has a claim that's too speculative and i think one of the principle errors made by the immigration judge and the government in their brief is their failure to even address the fact one of the principal components to mr prison the record makes clear they're separated from the population and subject to further abuse pipe as an official and the prime minister has been adamant in his defense of these laws so you don't just have individuals acting you have a system where you have government policies and that target members of a particular social group if further encourages individual members aside society and vigilantes to exercise similar violence against members of that particular social group the immigration judge like the government discrimination the government the immigration judge likewise talks about discrimination and random acts of violence the government calls the victim dishes in the country ports is simply unfortunate but these persecution and torture under the laws of jamaica in a country conditions you port further detail if the police officers prison officials vigilantes mobs all of them are targeting individuals with these come out has ever challenged his sexual orientation but the record demonstrates that it was the prison officials the police officers apart from individual community members and vigilantes are all targeting people in his social group because of their sexual orientation and nor can these claims be dismissed as random acts of violence the judge stated in his opinion that while these conditions are unfortunate petition or social groups precisely because of their sexual orientation gay men are not simply unlucky victims of random violence rather police officers prison officials the laws and to make it target them precisely because their membership in this in that instance criticized mr brown field statements about whether he feared the government of jamaica but in his analysis of whether the government is an actor that the immigration judge not only did he misquote extreme form of cruel and inhuman treatment so when you're talking about stabbings when you're talking about targeted shootings or even prolonged imprisonment in fact section two eight point eight hundred eighty four says that mental pain threatened as being torture and his life or freedom is threatened given that mr bronxville is able to demonstrate if there is a clear probability that he will face persecution or torture by the government in via individual actors to make such a shot the reason that was important to the immigration judge because to the caller to one of the ways qualify for withholding removal is to show an individual i suppose persecution that is someone somewhere would like to harm that person he hasn't made any such individualize showing what he's trying to show is that there's a pattern or practice of persecution meaning no one to make even those he's gay he's never have felt any threat there he's never had any problems there but the conditions iran for various crimes are higher than what we think are appropriate but persecution doesn't it it's course also that the persecution doesn't corporate things that we would regard as harsh or even unconstitutional i think in this country a sense that long probably would be unconstitutional but if it doesn't comply it doesn't necessarily rise to the level of persecution so the that is one factor many to look at to determine whether there is a pattern a systematic pattern practice of persecution from sectionals and to make it that's a fairly high bar because if you know it's on earlier that means all homosexuals in jamaica would be automatically entitled to a holding was trying to get across was that the alien a crony show that he had been targeted in the past that there was that he had shown that there was an individual threat to him combined with the other things he showed such as under islamic law homosexuality is possible by death and physical or mental is intentionally inflicted on a person for such purposes a tank from him or her information or a confession punishing him or her for an act he or she or a third person has committed that that would be the but ability for these laws but i hope it didn't put it to rest but nonetheless given that in this country such laws are permissible up until a few years ago it's difficult to find that and it's impermissible for jamaican f c have similar laws given the greater punishment that goes with make it a little bit harder question but again even for persecution things that we would regard as i'm just reading a constitutional don't the certainly constitute persecuted he's fortunate in that respect this court makes clear that even individuals who have not suffered past persecution yes it's a broad claim all gay men who are placed in jamaica face career probability of persecution and