based on violation of birth control policies to refile are we open cases even though they were either time or number bar it actually w was pretty specific wasn't it that the minute it had to be qualifying and that a decision was based in part on matter of change when the matter went to the the i a e a they made a decision this determination that he had not been found credible but the only credibility finding the judge made was that because of a matter of chang at the time the judges got a case abortion could not be a grounds for filing for asylum so it wasn't discussed the attorney who represented the case asked one question regarding abortion he asked no questions regarding sterilization  the court was perhaps to look at what was asked to reopen it so that that abortion issue could be decided and the court said no we've already decided this matter based on credibility but the credibility decision they made was about a completely different issue so they simply never got to the issue of whether or not she might have had an abortion they had no idea like why did you take all of this up on direct appeal while i was i was not the attorneys and i and i understand i'm not i'm on his right for many many many years and now he damped the board to reopen and that is the standard for that is is whether the board has abused its discretion in refusing to reopen while i so i have the board of uses discretion by taking understand you're trying to argue the merits but mr hall had the opportunity to present the merits to this court and he did he refuse to do that but this time he had that then that that that opportunity he was represented the abortion issue was raised the judge sided matter of chuang for saying he could make a decision regarding the abortion issue and that the board should have reopened the case that they didn't do that the second thing that they did that i think was and the board against him he said well we were decided a credibility issue but there's two different issues here one credibility was incredible when he said he had three children or was he credible when he said he was being persecuted the board said that he had not been credible move them into the jobs that he's not been credible but he was that he was being persecuted but the jets throughout his entire testimony didn't believe he had three children so when the board then said we find you to be not credible in effect they were saying we agree that you didn't present evidence if you had three children but attached to that motion was the  why by taking the credibility finding about not being persecuted and applying that to saying he didn't have three children the board again made an error they should have said ok now that you do have ignore the entire history of cases where they have reopened to consider that particular issue counsel if it's three children his having three relief or any additional discretionary leave from from the attorney general i don't mean additional risk i'm well he's pursuing asylum here which is one avenue of relief are there any other discretionary avenues that the attorney general would have to say i can send you back i can see that you've got three three kids whatever whatever is in the asylum application is done but with respect if i can give you some if there is or is there any other avenue they have are withholding of deportation and number bars if he were a chinese immigrant male who clearly would face sterilization under the because of three children he would so his wife's been pregnant four times and has had three children i mean he would be a prime candidate for being sterilized on him he sees he's gone way over even the high limit made it along with this notion he indicated that he lied to the immigration judge when he said that he had three children and that one was born on one day and then he has died of twenty and then there was how they all sit together because he had the one child the first child when he said the second child when he said but it wasn't set of twins then there was a and then he doesn't say anything about the abortion language in this last child was born