credibility with holding and then catch the i j credibility credibility decision consists of the following quote the court is convinced in short that this respondent would do or say whatever is necessary to remain present in the united states penn yet depend yet noted that women are very much marked by such distinction women are marked as women by their appearance by different clothing by hair styles and different mannerisms and decision of this record there's unrefuted evidence of gender based violence not targeted legislation in guatemala protecting women and then the worm targeting mr c it with great again because she had no husband the nd suit to your earlier question  found to be credible the b s a erivan finding no future church torture but in the session it never mentioned that the threat was rape rape is a form of torture in the view i carry by just counting the fact that she has been threatened with  police did not they did they did not every hand the worm out of lack of resources or they couldn't find him which would satisfy acquiescence what happened here is that the police is disinterested in helping her they called her crazy true that adverse credibility that really is a non issue in this case because the immigration judge did not rest his decision on it and the board also did not rest its decision on that words not heart of the agency's decisions it's not a basis for re short of finding her not credible the government agrees the i g did not make a credibility finding and it's getting to the next paragraph i see on this record the board was aware of the ideas conduct but again expressed we defer from weigh in on this matter i think the fair way to read the agency's decision is here is that at the close of the petitioners merits hearing which is when the idea render decision there were concerns about the petitioners credibility an immigration judge said i can't find her credible but i'm not going to should not address the proposed particular social group of autumn on women in the st instance and once again there's a dude in hungary between the arguments made and briefing of the arguments made today in the triggers open grief she did explicitly say that her should take up that issue in the st instance in our answer in brief we noted several reasons why the court should not do that each of which independently precludes them or from getting to that argument number one that was the exact basis for the particular social group is an incredibly fact intensive determination that is necessarily a specific and for that reason the agency has to analyze it on a case by case basis incertitude is this court so does yours argument that integrated into your last statement so i just wanted to take out what have those related to exhaustion and worse to me that she did exhaust this by raising it to the board but before that i j that would be one option for the board but of course the board decision talks at length about single guatemalan women and single women a social group so it does seem like you or your argument is kind of falling back over itself when they got the government i mean the board didn't say you waive the argument  we would have a clear statement from the board and then we would determine yes or no was there you know this waiver but that the board didn't say that so we don't have a waiver determination but you argue well it wasn't exhausted but that's a whole your brief seems to mix and match between exhaustion and waiver so exhaustion is a distinct opteron as to whether it was raised to the bork now it may have been raised in a way that they can't deal with it but that's not what the board said so i'm having trouble because i can't really read between the lines at the board and way i think we can merits the merits of that group are not exhausted because the board didn't have the opportunity to take them up and didn't take them up to the extent she's already doing the border area by viewing this way that should is there that explicitly in the court he has to send it back i agree the an a b issue well in fact that's exactly what the board said on the thread on the fear of the rack and they said of course st you have to have a social group before you can get to that issue it doesn't get in or twenty so i just want to point out the board