different manners in which the decision by the board was was defective and improper and should be reversed well let me ask you this just sort of target seen on that the rebels seem to be generally attacking the town is there any rebels there is no evidence that you know the soldier saw mr finest father and directed the gun at him and chalky him in particular that isn't in the record but there is plenty of evidence about the testified and explained the context in which this is happening well actually does generally talk but how do we how do we connect the dots to mr fine because obviously that attack the attack that she talk about with the may mean and all of the you know those type of injuries aren't present in this situation but it's very clear that what the are you have rebels are doing with respect to this particular village  coordinated testifies that is attacking the village and because the wealth for there's mixed motivation here which is acceptable under under ninth circuit case law but at least part of the asking the court so so are our argument does not rely solely on the social who argument is also very clearly imputed and actual political opinion at stake here with respect to the social group what we propose as a social group is to the board of immigration appeals yes yes there's also nothing i mean the board's decision is effective because there's also nothing in there about the expert testimony which is really crucial in this case all the board does  look at mr full finest testimony and in effect they're saying the applicants in self has to be able to articulate the reasons and explain the context and explain the political persecution that's occurring there that's four that the rebels were were targeting a diamond merchant because they know gaiman merchants they have money they always target rich people and that this question again this is it's a mixed motives case which is perfectly appropriate under one circuit cas fine also says at a r one forty five that my family supported president covers government and we were involved in the gun diamond industry and so that's why the our u s soldiers had reason to attack us and not individual diamond virgins that's correct i mean the crime of the primary economic work there i mean is the diamond industry i mean that's an important a very important part of what goes on in the village so the fact that the the our us rebels are attacking the village on a wholesale basis i don't think undermines mr finest claim that he's being persecuted his family is being targeted as one of the village that's i mean there can be mixed motives in our home and if there's at least part of the reason for the attack on the villages on the villagers is a political motivation then that's adequate for political asylum i would point to it there are two important cases i think one one is the mr vick case which deals with an attack on a village in are there were some i think the brother of the family had contact and then the women were raped right yes yes there is but but in the case of the court very clearly recognizes mixed motives village in the context in which it occurs and where there's systematic targeting of of the villagers as a whole and where the context shows that the soldiers are retaliate because they're impugning a political  group or political opinion because those are the two arguments that he claims that the next is that he claims with respect to social group think the problem here is that he is trying to create a social group that the court you can take make from that exactly what he said now is that he considered it and perhaps i could point to one other thing in that affidavit if the court will permit me for example on it's been argued that in paragraph six but if you further read that paragraph there is no discussion about persecution or torture which what she's talking about here and paragraph six in paragraph seven of her declaration is really the conditions faced by young minors in sierra leone and while that may be appalling you know lack of medical care which is what she's just guessing here is the basis for why these young men died is an appalling based on ethnics territorial or political factors attacks against small villages seem to be with the name corpus of looting there's no particular group seems to be singled out and that's everyone in that area it would appear by his own testimony suffered that solution when you then say that the persecutors the rebels are no longer in control they're no longer acting in th  he does not have to show that he would actually suffer persecution under the regulations eight c f r section two all eight point thirteen b three years past persecution is shown even if there are changed circumstances the person can be granted asylum if he or she may suffer other serious harm upon removal to that country the situation he's facing even if we zoom in and we don't concede this but even if we assume that because of changed circumstances he does not fear persecution any more he should be granted asylum because he suffered in the past and because he faces other serious harm economic support he has there is working in the diamond mines and so he faces the legal what she called the torture living under that system of slavery if he returns to sierra leone they were giving advice in my area that's pretty awful yes that's the other serious part of the harm that he would be facing with respect to change country conditions right ever about three seconds i would point out first of all that the department of state report relied on by the board is ambiguous it clearly it's thinks that there is there are continuing reports of abuses by our us rebels first of all second it's not specific to seven do are there is evidence that we submitted with respect to the diamond mining areas specifically that was ignored by the board of immigration appeals a r one seventy seven to one seventy eight and they are too old too old for refugees from that area talking about the continuing abuses by ari with