immigration judge and i don't want to misquote the immigration judge the immigration judge specifically found in two thousand and four and it's stated in the transcript that my clients suffered past persecution and italy suffered a well founded make a determination because the first trier of fact had determined my clients have established a sound through vietnam and not italy could make a factual finding based on the undisputed facts or testimony and to allow the parties to supplement the record with by the immigration judge once the immigration judge has stated that he has made a finding on the undisputed facts off past persecution as well as a well founded fear future persecution and other conditions have changed in fact for the worse for my clients there was nothing i could present before him i would like to keep the balance of my time for a battle counsel has provided the case and complied with the law however that case is an iranian case dealing with a refugee in germany and it's absolutely not based on the same facts of the holding of our case that case concerns a well founded fear of future persecution of iranians who converted to christianity in iran and they don't deal with communists or liking my clients shooting up my clients and the police refusing to protect my clients and if like my clients have established past persecution in italy none of response the government's responsibility was once my client filed a police report was to investigate it my client stated on the record there was no investigation by the italian police or client no whether the police investigated because they never followed up the never brought him back to the court but they never ever arrested anybody and then he got shot at again and that's when he fled italy are those are the facts assumed by judge fletcher by think that it's persecution because of the unwilling unable to control aspect of it and so while he that those are on account of a protected ground and that is his opposition to the communist idea so that's part of the persecution and definition but implicit in that court has found as the board has found that it also must include that that harm isn't just a random act of violence by a criminal for example that it's by the government or forces that the government is unwilling or on able to control it can't just be a victim of violence that it has that that that harm has to be by the government or the forces that the government's on willing or unable to control at least in this case had refused to investigate it that he gave them very little information about who these individuals were and so if you look at his asylum application what he said page four ninety three was first of all with the first incident where he said he was beaten but then he later says it was actually a shooting he doesn't identified who who did this to him in the second incident that occurred in march he says he was driving by and someone looked like they were asking for a ride and it was someone a vietnamese descent and then he saw the revolver in their hand now presumably that's what he told the police about the incident but that's a pretty vague description and perhaps the police i mean the evidence shows that the police did investigat they investigated but the fact that they couldn't actually find the perpetrator doesn't mean they're unable to control them they're just unable to resolve the the crime they certainly when he reported it they certainly took efforts to investigate question after they investigated it in every state anything else you know they didn't say that i don't know anything now and then they wanted the second part so they never reported back is basically what you're saying but they said they would investigate but there's not a record to show that they did is it correct he didn't he did not indicate in the record that there was something that the police reported back to him about an investigation no that's not but he indicated that they said they would investigate the truth so you know asked the police to provide him protection in italy both times that provided him no protection thank you that you're good you will be submitted