physically assaulted he was brutally attacked hit upside the head knocked to the ground beaten and ultimately stabbed in the chest all the while javier in his gangs grant him that if he continued to go to the mormon church they would kill him the evidence and i'd like to address that evidence specifically or go i'll begin with the state department report they point to the state department report on religion and state that religious persecution occurs in two localized areas and that relocation is almost always an option in mexico city the largest city in the country it simply did not show that the family could have relocated within mexico or more importantly that it was reasonable for them to do so the government next points any evidence one way or another  fact that she returned on a brief period to a border town where she gave no evidence of permanent relocation does not support that it would be reasonable for them to relocate your had close ties with the police in mexico city and it's simply not reasona thank you again your honour's and good morning again john cunningham for the attorney general please the court the issue of safe relocation and unable or unwilling to control our interesting issues in the context of this case and i'm looking forward to discussing it with you but we do have a waiver argument in this case as judge alex on has and has pointed out it's our contention that position is opening greve did not challenge the immigration judges finding that  to the same thing is this petitioner truly a refugee to be a refugee you must be unable or unwilling to avail yourself of the protection of your home country and if you are being pursued by someone whom the government is unable or unwilling to control then you are unable to protect yourself and the of your to avail yourself of the protection of your home country and by the same token if the evidence shows that you could safely relocate then you are not a refugee from your country you are perhaps a refugee from some part of your country but the asylum law does not stretch to cover that kind of circumstance here the evidence showed that after mr valencia left mexico and came to united states her in laws her husband's parents left mexico city and the record i shore up the notion that hobby a could find the family in her dog go as well when her husband testified he said well no her doll goes a very large state and it's three or four hours away and  not sure that's quite enough to get you out of the save me location problem and i don't i don't i don't want to stand here and say that would be reasonable to expect someone to go where you cannot practice your religion that would that would not be correct but the  there's a document on the record from the church of the latter day saints website that shows there are eight hundred thousand mormons in mexico as of the cause of this record there is a clear policy of nondiscrimination against mormons on the part of the national mexico government and mr hood doggo testified that other relatives of his who are also mormons worship at a church on the outskirts of mexico city so it is possible to go outside mexico city and find a mormon church and this is a land that she was asked do you know if there are other mormon church is that you could go to in mexico as you said i don't know i never looked into that i just don't know the answer that question but on the basis of  persecutor and who was who was an entity that the government is unable or unwilling to control because this is really just a local crook he's a thug he's a street thug he's violent he's a rotten person and he was he was he acted reprehensibly toward these petitioners but that's all is there is a claim that the local police were unable to control and were unwilling to control and my colleague this morning used the word socialized i didn't see that in the record the basis for that claim was testimony from mrs valencia that she saw the police talking to harvey well please talk to people who they suspect of committing crimes we do have record evidence that harvey has been in prison it's not as if the really great judge was compelled to fine which of course your standard of review that harvey a was could operate scot free in mexico city and even if he could even if he could this is not krista cuter within the bounds of this court case law this is not a government prosecuting this is not an nationwide guerrilla groups such as the new people's army in the philippines are the shining path and prove this court has cases which have held that it's questions like that location is not viable this is a localized problem a purely localized problem and there was certainly plenty of record evidence to support the notion that these petitioners had options available to them to get away from that localized problem that concludes my remarks on the merits of the case there was a du questions on that point my only my only comment on that is if you are you know the evidence of the you or the transcript of the hearing this is the pages one fifty two and two fifty to two to fifteen of the record you will see no evidence that my colleague predecessor mr hubbard raised any contention before the immigration judge that she was not prepared to go forward with the hearing or that she had other witnesses that you needed to present and she need another hearing to do that in fact a page to ten of the record she said to the immigration judge your honor i rest my case there's just no evidence here that the immigration judges refusal of a continuance two weeks before the hearing at any impact whatsoever on this hovers ability to fully represent her client if there are no further questions i will thank the court for suspension and that you good morning it's all right i want to go back to my question maybe i didn't phrase it properly ok i meant to ask you in your opening brief did you discuss the issue of relocation he cited me the page nine and  mexico they did not feel safe simply relocating within the country and it goes on on the next page to discuss how pictures parents who are also mormon have relocated to another city raising the issue there relocation and then if you turn to page government presented in support of their contention that they could relocate so i do believe that we have not wait ok thank you and i would just point out to the court that it is the government's burden to bear to show that a victim of persecution could reasonably relocate within their home country