application of the facts to the law and that is that the record evidence showed record evidence demonstrated improved mr mann recreate a well founded fear of future persecution if you were forced returns with a lot of mala and the records show that his dad was that well founded fear of persecution on two separate grounds one based on the presumption that arises from proving past persecution and then separately from that the independent proof face on the subjective and objective and one fortunately the immigration judge made a basic error in the law and the immigration judge held that he could not under any circumstances find has a persecution and for that reason he didn't even do the analysis because according to the immigration judge and in his opinion it's not possible to find past persecution where an individual is not himself harms as he stated erroneous lee stated that the law was that mere threats alone cannot constitute past persecution that is not the law because of that error and because of the fact that the board of immigration appeals then summarily affirmed the immigration judge and without doing any analysis itself standard well if we have if we have an error then we can and then we can correct that but we haven't seen the witnesses you're not proposing to bring witnesses in here we can't do those kinds of credibility judge does not make in our right native adverse credibility determination there is no adverse credibility determination the immigration judge said and ken says he did well gee i sort of doubt that you know this may have been the case although in his case he took a statement from mr enrique's mother and then cast doubt on the statement based on what this woman making himself had done in his essays and his paperwork that does not constitute an adverse credibility determination and that is addressed in our is not an expressed adverse credibility determination as to a particular testimony or witnesses  correct your honor but there were also instances after he left a lot of mala to prove that there was still there were still individuals the government presumed government representatives looking for him after he left for the united states armed stranger still went to the family house looking for him after he left the united states armed strangers came and interrogated him one of the uncles who lived at their house asking where he was when that uncle would not tell them where m then would have been had country conditions changed to the point where he should no longer have a well founded fear he applied for asylum right after he turned eighteen years old when he realized that he did not have a social security number and he was applying for his financial aid applications for n y u at that point he said i'm going to do something about this and he turned himself into the government and said i am here i understand that my status has not been legalized i does there are political asylum cle hundred one and the immigration judge himself credited the testimony that machinery case father was on the united nations sponsored t v program speaking out against the government the immigration judge himself said well you know if the timing was establ of this it turns out that that was broadcast shortly before the father's kidnapping you can assume a political we don't know the identities of any men who came to the house any men who were who were seen kidnapping and we don't have any way of of we don't have any manrique case father was in fact taken by the government and was in fact murdered and that he knew where his father's body was but that he was afraid to reveal where that was for fear of his own life and for fear of the life of the family relative to whom he was disclosing that information happened for two years after the disappearance and then at page one hundred ten of the records his mother testified that nothing happened for five years after the disappearance themselves and they're wary of nineteen eighty you know the difficulty here is it seems it was a family tragedy during my violent period in guatemala history the judge did not find that it was a government related disappearance or killing here of course the events occurred approximately twenty four apparent awareness of the fact that the person who was making that report had to be going on what he understood what he remembered what somebody told him because he was do young