against they attacked us but sometimes we went after them he said most most times happen because they were coming into our area like we were protecting our area that's where does he say that i general context when everyone was fighting everyone else i think the definition literal definition of on account of race or religion is really stretching the overbroad by like this definition everyone in the region would have been a evidence the immigration judge refused an expert most times happened because they were coming in our area yes so we were protecting our area but that is that is a characterization he made of his activities with them he says well like i said most of the time they were our property i would say what i think we're basing on a couple different things first of all there are there are country reports in the record indicating the history of tension between the  testimony itself and frankly your honor there is the common public knowledge at that time that the bosnian serbs had initiated ethnic cleansing in the former yugoslavia prior to the civil war  nobody asked the next question and maybe maybe it's just comes down to a burden of persuasion is you nobody asked the next question what you mean when you say most of the time they came to our property government and he didn't his attorney the judge did nobody asked the next question but you know suppose i said well most of the time they came to my house to attack me and then you asked me in the next question i said well some of the times i was in looked down and they attacked me and other times i was in a different town and they attacked me but the only time i ever did anything was defensive if you ask me the next question and this wondering is it just burden of persuasion we're talking about who had the job of asking the next question i think so your honor i see your point certainly the case could have been developed more fully there's no question in that regard however here the question for the court is whether the record compels reversal of the immigration judge's decision statement a law that self to france could never qualify that so that it may need to be remain and with a correction for the correct application of the law imagine that she was from baghdad who prior to members who would defend this family and on occasion her or kill the sunni's who came to his house with with that person being eligible for  again your honor i think it would require i think would require more facts than are given in the hypothetical in this case as in the questions are exactly the same as this record what happened in answer most of the time the fedayeen or whatever they are came to our house and attacked my family that's it civil war itself broke out it was conducted by proxy if you will by these paramilitary check nic military units third in response to the direct questions posed by the immigration judge did you harm other individuals based on their race religion ethnicity or nationality he answered simply yes and given that this case would be distinguishable from the shiite example you  differences you know i think about ethiopia and i mean many if you have a blanket rule every time you defend yourself you are automatically disqualified from seeking asylum it seems to me that that's contrary to the so the idea of the whole idea of seeking asylum the government is you have to be in other words if you suffer persecution and you react at all if you harm you know in reaction to that if you're disqualified from seeking asylum it seems to me depth reasoning however we believe that the record as it stands does support them a gracious judge's decision and there is the premise without opinion of this incision in conclusion because there is no evidence in the record that compels reversal of you have a minute or so thank you on your honest what troubles me most about the government's response is the reliance on the country conditions which this court and other  aggressor or prosecutor whereas the history of this region shows that the issue is probably amongst the most complex of all ethnic conflicts and in fact history is still being written with the trials which are currently being conducted  finally i do not believe that there's been a clear nexus between the racial characteristic attack when there seems to be a general