the judge considered a lot about whether or not what had happened every in the past had risen to the level of for him but she never addressed whether or not he would suffer future persecution and a reasonable and the question is whether its severity rises to the level of persecution and we would argue that it does it's systemic and severe and this is a historically marginalized group that is singled out based on their ethnicity they are discriminated against by private actors but also the government is a very big actor in just crimean region of persecution against the screen where does it show and that the government was involved well the government runs the schools and the hospitals and the police oh right she he was hospitalized and was no complaint about i when some of the things occurred at school did he go and complain mention that you know they run the institutions ok we give them that but were to show any kind of connection other than the general you know bias against world on i would say the police and how they they never took any actions and how many times that he complained i believe he went to the police twice and well you certainly should certainly document the actions of the government in terms of the schooling and the hospitals and police protection and they've created a permanent underclass of roma and all and so there is clearly a pattern of practice severe discrimination which rises to the level of education what was his education seemed to me to do pretty well yeah he started college and through that route which population so what do we do with these various inconsistent sees that the immigration judge clearly spelled out you know with respect to injuries with respect to how things  that he can't have any control over how the police throw it up there are words and what happened to him but there were other there were other like conflicting accounts of his injuries following  us cerebral contusion and he went to the hospital in the hospital said that he was unconscious when he was brought in the immigration judge asked him if he was conscious when he was brought into the hospital and he said yes and she considered that to be a significant inconsistency whereas i would argue that it happened three and a half years earlier and i don't know that someone who suffered a cerebral kink you have now been would know you know what point they regain consciousness i don't i just don't think that's something that's so significant that it it withdraws from it their testimony is inconsistent with this written statement that says he had a fractured nose and torn where he testified that he did not go to police following that incident in june of two thousand and six his written statement however indicates that he called police and when he was asked about those inconsistences he offered yet another version and that the police were not called but he stopped at the police station on his way home insufficient record doesn't compile could reversal of the agency's determination that he failed to present available cooperating evidence there's he's been in contact with both parents who are still in his homeland and there is no letter that sets forth any of this past harm regarding the petitioner he has a lot of from his father that only is unsworn and not properly translated but details only harm to his father's errantly beaten after he refused to give money but there's no mention of any harm to the good that's been expected i guess yeah i guess it's just the nature of roma or whatever but i just wondered if you had something going over here that really would application and he considered that a change circumstance he filed his application for asylum in september for the asylum office that he did not apply within a reasonable time after the change circumstances it was less than three months and he and november seventh he had his master calendar hearing before the immigration judge and she said the individual hearing date for fourteen days later now it's true that his lawyer did accept the expedited date bed under the executive office for immigration reviews regulations there's supposed to be not less than forty five days between the master calendar hearing and the individual hearing so because there are only fourteen days he had already missed the fifteen day lemmen documents to the court must be submitted fifteen days before the individual hearing so that i think that's a good circumstance which would excuse him from the one year deadline but you have to file for asylum within a reasonable time after that change circumstance and they said three months was too long