correctly held in the cimarron to play an integral role in the persecution of others mr gomes on the other hand did not play a nickel role in persecuting others without his intelligence gathering military agents would still have committed extrajudicial killings persecution on and and fingering people knowing that the military he is likely to her mind very well torture and kill those people doesn't there is no evidence linking his intelligence gathering and those that were persecuted except he knew that they did that to people who are considered to be rebel rebels or people considered the shining path and he was going  so when mr gomes reported on the shining path there's just nothing that shows these people were persecuted or that the legitimate government function was the persecute these people anybody i want to protect the classes on page one forty seven through one forty eight of the record mr gomez said quote i never participated in actions of killing a quote i never killed anyone wrote members of the military they commit these killings but culpable because he belonged to the military first of all the military as a whole was not engaged in acts of persecution only certain members of the of the military secondly clearly the ashcroft expressly held that i thought the intelligence department was doing those things and he was part of the intelligence department wrong here's part of the intelligence department but the intelligence department as a whole was not committing these  service would detain and a day or couple of days later their bodies would appear in different areas would you make of that i think that the government has misconstrued the record i think the v a is misconstrued the record there as save some time for a bottle i have thirty seconds left i just want to wrap up real quick i guess he he was threatened by the military he received several death threats  further the investigation he was his life was threatened his parents his wife they were both threaten to discover his whereabouts is the military by simply persecuted mr gomez thank you very much when he worked for nine years as a military intelligence informant and agent the board of immigration appeals concluded that it fails to meet his burden of proof that he did not assist in persecution and  substantial evidence and does not compel a contrary conclusion mr gomez for best evidence if you directly participated or that any of his intelligence directly resulted in the death or torture of someone well mr gomes admitting that he infiltrated factory and universities tasked with gathering information he provided this information to his superiors and he stated for was truthful correct based on this record the court would deem his testimony as truthful so when he says he didn't participate in the killings we have to accept that right ye further inside of his superiors goals and identifying and eliminating all political opponents in his now would you would you concede that on his record there's no direct evidence that any intelligence that he resulted in the death or persecution or torture of someone well there is direct evidence that intelligence gathering such as his did in fact lead to the torture and killing of  so what you have is an indirect evidence essentially you saying people intelligence like his wife is that shift we have we have the cause at the sort of street cars ality cases where we say membership in a group is not enough and we have miranda which gets all which a little closer in the interpreter case which leaves sally the seems to be sort of in the middle why should we drop the rule that if you are a member of an intelligence gathering organization and some of the result of the results of some other intelligence gathering results in torture that that qualifies under the under this provision of persecuting others because intelligence gathering itself is integral to the military's role in being able to fill their particular goal and identifying all political opponents but for i tell intelligence gathering type of services provided by these military agencies they would not be able to fulfill their goal arbitrarily killing anybody that is is suspected of being a political opponent moreover mr alvarez and his asylum application and even stated that he went to a field with a group of agents to capture subversive elements obtain information by any means and only the element he also stated that his job was to look in research information on the enemy and information is used to destroy the enemy he admitted it in his outlook he knew for a fact that the that the intelligence gathering that he did and absolutely critical it into a goal for for his superiors to identify and eliminate political opponents moreover this was on account of their political opinion none of the people that were children according to mr gomez his testimony application were armed in the middle of any sort of civil strife no one was accused of terrorist activities or particular crimes they were arbitrarily killed because they were just really suspected of having different political opinions in his asylum application he characterized the information gathering as political in nature in his opening brief he said that this was not civil strife situation it was in fact i'm on account of people's political opinion as as the miranda alvarez court even distinguished under similar circumstances this was not on the bad of battlefield type of killings it was more similar to an ethnic cleansing type of motive f peruvian military's actions here in seeking out in two of my mates and first developments you know we had a whole sort of i don't know hundreds and hundreds of cases involving the shining path where the allegation was that the government couldn't control  shining path and therefore people were entitled to asylum and united states because of the actions of the shining path just seemed somewhat ironic that we would say as a matter of i guess strict liability if you well that anybody who  the government action to try to gain intelligence about them could not seek asylum the united states because they would be guilty of persecution of those groups and we say persecuted others well in this situation and mr gomes was completely aware of what was going on he knew and he stayed with the military for nine years doing intelligence gathering or advising and he the only time he requested a transfer was because he thought that his own undercover identity would be found out by the shining path numbers he did not request a transfer because he found what his superiors were doing to be so repugnant that he couldn't participate in it anymore miles i don't think you nobody in shining path that mr gomez testified was killed nobody was accused of actually being a persecutor themselves they were as you described instance students and workers so it is intelligence gathering was very aware of the fact that his intelligence gathering led to the killings of these people and once he became aware of it he did not try to stop his activity thanks very much for your argument those of you and