conclusion that no reasonable adjudicator would have denied holding that removal under the i n a or the convention against torture in particular we are requesting that this court extend its recent decision cat relief the still court noted course that because the petitioner in that case did not pursue those alternative forms of relief on appeal those applications were not before the court and also in the sale decision of the i j a had granted asylum and i for that reason did not reach the applications for withholding removal or cat relief in grief is comparatively low level of individual ice risk in order to prove that she has a well founded fear of future persecution and the court also required that membership in th violence we also know that the i g in sale did not find that sales experiences amount of the past persecution and we know that sale was not physically harmed so today in this case we're requesting that this court apply sales comparatively low level of individual eyes to risk test to reduced the usual clear probability o persecution standard in withholding cases to one that approximates the asylum standard of establishing a well founded fear of future persecution now with respect to catholic religion he doesn't apply that he's a catholic on page ninety one of the record membership in a particular social group that is ethnic chinese christian men who are married to ethnic indonesian muslim harassment and the threat of violence based on an attack on his business by native indonesians because of his chinese that missing a record also shows that now even a nuisance attack similar situated ethnic chinese he testified that two of us employees an ethnic chinese driver and his assistant were involved in a mainly following that o b l accident that was caused by someone else the driver in his ethnic chinese assistant were pulled from the truck and both were beaten by native indonesians i would like to clarify one point the record his declaration states that there were three employees in this testimony was that there were two employees mr  testified that the next day native indonesian stoned and ransacked his store and it is other vehicles were vandalized including one at his place of business which was adjacent to his home about fifteen meters from the store he testified that the native indonesian mob came through and started yelling kill chinese kill chinese and that's the record of page one forty one also the judge still found it appeared sixty he testified that he reported the damage to the police but they did nothing now at this point i want to verify the record again we know that the i j a found that and i quote he and other members of the family ran out the back door and his family he met them the next day in jakarta and that the family members are staying in currawong that's the record at one forty two and one forty three and this yourself also testified about an attack in one nine hundred ninety six by native indonesians on his daughter dalia which included an attempted rape in delhi it was a part of this case the beginning but has since returned and he with her husband the i may have a subjective fear of persecution unquote at sixty six in the record we believe that the weight of the evidence is that they do indeed have a subjective fear with respect to mr  really mix children and membership in a particular social group that is native indonesian women married to ethnic chinese christian men who are at greater risk of persecution than a general population school and his neighborhood was often called a quote stupid chinese unquote it's the pages two one two zero two of the record he claims to protect the grounds of a new city and and it was understood on that record that she has an ethnic chinese appearance with respect to country conditions there's a lot in the record  suffice it to say the conditions there are very very bad for the i think chinese there is official state sanctioned discrimination against the at the chinese with respect religion the two thousand and one religion report a talks about the fact that the government cannot seem to control the violence and that respect as well i'll of a disfavored group and given the facts of this case does it compel the conclusion that he is more likely than not to suffer persecution if you return to indonesia now this court has not quite yet he will suffer th case and found that they did not warrant a finding of holding now if we look at the facts and hoaxer we see that there are far more severe and far more individualized than anything we have here there that are with specifically singled identified him and would be looking for him now the court looked at all this evidence plus the fact that he was a member of a disfavored group and plus the fact that he was a particularly high risk member of that this favorite group and held that it didn't hundred seven he never testified and there is absolutely no evidence in the record that during the riots the people who targeted his employees knew that those employees who worked for him worked really needed with him or the use of family do you make of the fan said his business was destroyed but i think what happened there from my understanding of the record in his testimony is during the riot the rioters in general went out and started to destroy cars  businesses now it's not entirely clear whether they're not just in general i was very specific right now and they were yelling kill chinese and they did also target chinese businesses it seems more than other businesses they give you his store and they did destroy right but it's not there's no evidence in the record that shows that they knew that this was mr yusof store that it was because he was there the evidence was just they thought it was a chinese store and so any chinese man who owned that store any chinese storm's target you know there's ample evidence in this record evidence that the i j specifically highlighted there isn't a pattern or practice the daughter dalia who claims that she was raped the first point you noticed is that she voluntarily returned to indonesia of her own accord and she's lived there for several years without any incident i think that's the law is the idea the pattern or practice also the petitioners own declaration indicated that reluctant didn't want to i think that also undercuts the pattern of finding your honor if there is evidence that the petitioner submitted not just that the police are actively investigating wrongdoings against intonations for this family in this case i don't think a pattern or practice is warranted here and lastly there isn't any other evidence other than this one riot where many chinese were targeted and there was a lot of destruction that petitioners business with ever attacked again some incredibly harsh treatment i think if you look at the i just findings and you look at the state department report at least in this case as what we have is a very unstable country and we do have a problem of discrimination against ethnic chinese and we do have the problem that they suffer some problems in school and sometimes some of them do have dismissed as harmed and there can be riots and turmoil but i don't think this court should find that this equals exceptionally high standard pattern or practice this case just simply doesn't warrant the finding there's no evidence that the government or any group with the government's consent or knowledge is to magically rounding up all chinese i mean the petitioners mother i don't believe that's the test but i think that the test is that there's an extraordinarily high probability that the members of the group will be targeted and i think the analogies to courts have traditionally used are kin to that that where there's a systematic attempt to round up people or to harm them i think you what we have is the petitioners