letter from his cousin edger it described the particular individuals in guyana that are going to kill him and why they're going to kill him and that also included the detail threats that he will be quote sided like a cow and spike will run because he's gay everyone knows he's gay quoting reports from in this international particularly note that individuals in guyana who are members of the community they are particularly hesitant to go to the prince for help because they're afraid they'll be discriminated against there's evidence from other  would take these letters into account discount them in a way that you think would be proper so looking at it we pressed information which the quality of the content of the letter needs to be yes that it had to go beyond just looking at the person who wrote the letter and discrediting it simply because they didn't come to court for whatever reason or because they were related to the petitioner h l a says is this is really just a choice in that case the authors of the letters are interested persons who are not subject are a couple of letters from interested parties who claim that there are rumors spreading up about him that his father whom he hasn't seen since two thousand and three knows him to somehow  somebody really does want want to try to get him i don't see how best there but certainly you've got to go through the hurdle of if there were brightness of the authorities to protect him and he's given next to no evidence whatsoever pertaining to the kind of reports are completely support that thoroughly but he can relocate to another part of the country and once again the burden is on him there is no there's no way he ultimately convicted based on this record that the police were acquiesced that it's me were blind to the horror that he feels is threatened with respect to him looking at the evidence as a whole and considering that what is necessary for remained in this case accountable for his actions since affidavit from his cousin stated that and looking at all the other evidence in the record to show that individuals who are not likely to report the crime that are again then they're not likely to reach out to the government for help because the government in fact discriminates against whites out to put them in jail for that looking at all the evidence it's possible on remand that by ignoring the content of the letters the immigration judge could have come out differently if they had the incident the content of the letter writer the immigration judge i didn't read it last week because the letter writers were not available for examination to be i approved saying it's ok to give limited weight simply because the letter writer was interested and not available for cross examination there's no record and come to a difficult closure and his argument for this case is not the ultimate conclusion it's whether or not that specific piece of evidence the writers from stanley in france were evaluated using the proper legal standard from h l h and whether or not to be  you that there is jurisdiction to deal with that particular legal matter but when it does come to fashion week where we pick up on what judge helen just said one of my colleagues was severed her guard to the immigration cases i only knew i could just kno it's sixteen pages and it goes into a lot of detail and ultimately concludes that he hasn't made the case there isn't enough corroboration and there isn't so she doesn't waive that he doesn't surly would be hard she doesn't believe that there would be acquiescence of the police to do his being harmed and she doesn't believe that he's given any evidence that he cannot relocate and misapplied the president and if the immigration judge yes the immigration judge allowed to weigh the evidence make the credibility determination but here looking at what happened in mr blank answers he she did not tell the president that she was supposed to follow and that is about this court is looking at and she needs to remand back to proper consideration if the writers were considered for their the quality of the content as they should have been under age their weight they would rather clear mr lane castors notes relevant and probative evidence of the individual met that are facing him specifically and the other could have noted people that are interested in most of the later to the petitioner even though they might be said to provide favorable information this is the most letter is a fat claim but i think she can do that and kind of one or two sentences would she want to i don't think that there is any set pattern or method for how and she did care have to address the letters i would think i was maybe supposed to review a decision makers decision if the lab or a look at it and i didn't buy it well i think in a lot of cases courts will kind of work at the letter and sort of gauge the strength of the letter themselves and if the letter sort of indicates that there is a lot to nine and this is the first certified administrative record she references i believe it's cousin front letter and she also said page sure seven of the testimony that you will read that letter the night before the letters themselves are what it father knows you're homosexual or your family is not happy that you're homosexual but there's no specifics and way of threats there's no specific as to where everyone lives we know nothing about what would happen to him if you were to return guyana based on the record as it exists and that she could the problem in this case the question however is as a matter of process should the immigration judge not have gone into the letters were  a whole lot more but more than just a certain but it says that she's given a moment to wait because they were not subject cross examination i think you know in an ideal decision she would have had to go and she would have gone more but to the two cater is to assess the quality of the evidence basically says a judge jammo mentioned that the agency has the right to record women it wait to certain documentary evidence if the person is interested and that's particularly important in this case because two of the letters from persons who live in the united states one of its cousins lives and thirteen yeah and you know it was in new york excuse me the other cousin was in new york  i understand in the record that the proctor was you know they're not available they have to work except except for what each he has a right to say you know they didn't take the time to come into court today to give us their testimony we have a one page letter for no it's not even sworn it's just a totally improper way of big decision baker and that is shows that that's the mind was made up not by facts but by the fact that he was a homosexual and i think it shows that that some of her comments particularly and when she was in with same questions were intemperate i don't think it showed that she was an impartial should cater i believe she was trying to develop the record with a pro se ili end and she was trying to understand is claim agree that i agree that the comments are intemperate but i don't think infested her decision making because i think overall her decision was a correct one and to reach the right result in a fair record i believe a correct decision would have a prejudiced but i don't think she was prejudiced i think she showed that she caught that she had an obviously the high regard of homosexuals i would say well or she was in or out of homosexuals i mean it's also possible that she just didn't really understands his know because she was trying to figure out the claim she had approached the petitioner and she's trying to understand his claim fully and that's why she would have those kind of questions for him i mean i agree that i don't know if i would need to decatur i wouldn't go there because i don't think it's necessary but so beginning with their bias issue the innovation judge here did show a bias through the questioning i'm not sure i guess just case because it showed a fundamental misunderstanding of homosexuality and how that made known to others that may have said maybe she should have asked the questions differently but were they really taking this stick toward the individuals or just maybe maybe a little too insensitive perhaps i mean she said you know could you conceive of your identity for it's you look to me like she was trying just to find out if if he were if he went back and he conceal his identity that he wouldn't be subject to the harm that you're saying would happen to him if if you were outed as being ok i wouldn't say that the immigration discussions are necessary antagonistic but they do show a fundamental misunderstanding of what it means to be assistants like she's trying to see primarily is there a way that you could go back and still be able to exist without being persecuted or harmed by among others possibly family members know you're gay because you're not going to have a punk friend the second circuit found that showed a misunderstanding of how people know that someone is gay or it's made aware that you're gay to other people these questions get at that thing sort of crime whether or not people same sex relationships but further questions also got at this reasoning that was sharply criticized by the ninth circuit in the crown case that if you could be putting a choice to petition or to either back to where we were at the beginning there is nothing that i can find a bed he cannot live but his point is that he cannot live elsewhere they are free from the type of persecution that he looking at the fact that homosexuals are indeed discriminated against in guyana and it's had no gay guy and they have a small country even if he moved to another place and diana that doesn't mean that they can go there and find him and torture him or even that the that that ignoring it was a harmless error there is a possibility that it could come out a different way and that is enough to get a remand here under the howitzer there is no that's not the test he has to show it's more likely than not that he could not occur again after every man in front of the immigration judge and it's that it was evidence were considered properly considered with the other evidence in the record to show the police are not going to help them there are individuals there that know that he's day that have identified by name but they're going to