overarching issue in this case is whether the substantial evidence compels the conclusion that no reasonable adjudicator would have denied asylum on this record believe petitioner is a married fifty seven year old georgian and he claims the protected asylum around a political opinion that he is his opposition to the civil war with the separatists province of his fear is that he would be prosecuted for military desertion if he were forced to return to the republic of georgia there are two incidents based on his credible testimony and asylum application which compel the conclusion that asylum must be granted in this case abandoning his service without discharge he is now subject to a military tribunal as a military desert or so that ultimately is  a well founded fear of persecution and that punishment was based on an objection to participation in inhuman acts as a part of force military service and that was considered to be persecution of t challenge that starting this year in this case all the issues whether he suffered whether he suffers a fear well founded fear of persecution in the future i'm one of the five enumerated grounds here in this case the board in the immigration judge correctly found that mr you mean that if you're a prosecution for military desertion and not persecution based on one of the new great grounds and this court reviews the boards and the immigration judge's decision for substantial evidence as it als now given there doesn't seem to be a dispute that the one thread that he had to fly the cargo plane was anything what would amounted to pas persecution argument was never made indeed at page eighty nine of the record when the immigration judge asked his attorney at the time are you going with past persecution or just well founded fear of persecution his lawyer responded that is only speaking  was only going forward with a well founded fear of persecution so past persecution is not an issue here but in any in any respect as one of you pointed out asking him to fly the plane in dangerous issue of expressing political opinion he never advised the georgian army what his political opinion was if you indeed had one and he's kind of suggesting that his persecution that might take place would be  cause of in future political opinion but he never said that there's no evidence in the record that he ever said that he objected to this war between george it up on the basis of political opinion so and specifically said that he should be deported to georgia if that's the case then we brits and i think that would be the correct place of deportation well that's what they  can't i can't give you an answer on that i know russia there's a reason why you're saying russia as opposed to spain but the same time you know i believe the immigration judges and the board's decision was correct order from the immigration judge your excuse me i'm not sure i but i believe he is the immigration judge indicated that he was granting the voluntary departure and wanted to go to russia you don't object to that right now i mean i think we are seeing physician were saying that there are there are additional reasons that you have that we would object to a voluntary departure to russia as opposed to georgia there was a determination i mean that was he was given the election of where he wanted to depart to then whatever he said at the time this is what or failed to say and that's that's sort of the default you go back to your country so it's not it wasn't exactly a finding on the behalf of the on behalf of the army in guatemala that's not the case here on the stream and i was asked to do was to fight cargo placed he wasn't asked to participate in any in the human acts and to the extent that he felt that even that wasn't a human act because of  doesn't get the reason presumption of well founded fear and well founded fear isn't there either he might have had a fear of being prosecuted for military desertion but under the i and a his fear must be on account of one of the five  desert for any number of reasons political opinion might be one of them but there's no evidence that they ever even came to that conclusion or had any reason to believe so we don't have fast persecution we don't have well founded fear  wondering if they had requested any other country but georgia are just let go by the fall and that to my knowledge your honor i don't believe there is any other country that was mentioned and he may have a problem with russia because  t we believe that his objection to line was an expression of objection to the war abandonment of military service through his conduct was again an expression of his political opinion against the war he did state and the south location record it to forty four that his participation in the war meant he was fighting against his own fighting and certainly his subject of intent is clear the other incident goes to the telephone call that was received by his daughter in october  six and after the military found out that he was in the u s mr going to sit at the military was very forceful in asking about when he was going to return to georgia and that's it page two forty four one so government is a clear expression of political opinion and that opposition is even sharper when one consciously abandons military service without discharge during a war and subsequently leaves his own country thank you c