said she did not hear her ex husband at that point this is a withholding case so tell me what's the relevance of her subjective theory anyway  by her ex was so that is that you are still there but even if she was telling the truth that she didn't fear isn't it is the only question on a withholding case is whether she will it's more likely than not that she will be deprived of her life or her freedom so i'm trying to understand what her subject of beliefs have anything to do with it can't we just look at the object of evidence  beliefs not only the object of evidence what is the object of happens that it is more likely than not that she will be deprived of her freedom or her life sometimes referred to as persecution in the forms of persecution why is that so you can get a restraining order based on one incident of domestic violence and you have just alluded to the fact that there's a fair amount of objective outside the record evidence or country condition reports and other reports from amnesty international it cetera that in honduras there really is no ability to do anything about domestic violence even if they do issue a restraining orders as they did i think twice in this nations report that says that approaching a third of the women who are victims of domestic violence in honduras will ultimately be killed by their partner  agency provided specific reasons in finding that the petitioner like ability namely the agency relied on inconsistency between the petitioners testimony and sworn statements on two separate occasions provided prevaricator what does that have to do with withholding it is it she cannot is holding because she's a liar i thought it was just an objective standard any objective standard is what is the likelihood that she cases is also the petitioners burden to present credible evidence in support of these claims and here the credibility being a threshold issue and which was what was the basis for the agency's denial or fail to present we concluded that she did not present credible evidence to support her claim which was reclaimed being that she was a victim of abuse and under us and based and that was support that was seized me the sworn statements provided at the border a testimony was ordered immigration judge concluded that she liked credibility so you saw on the other side of that there's an independent police report i thought suggested domestic abuse and and there were numerous evidence that she received two restraining orders from  later on any credible fear interview and in testimony indicated that he had fear based on his christian faith and china this inconsistency was relied upon by the immigration judge and the board finding that the petition to provide credible was incredible finding and see if there's an inconsistency and this is very much here he was an asylum claim was it not yes i believe so fear subjective belief mattered in that case i still don't understand why it matters here i don't i don't see you know withholding claim i don't see any requirement that thier be established so nothing about whether it's well founded this just an objective standard and we have a police report that says that she was abused we have at least two restraining orders that say she was abused and we have an i j saying there was evidence that she was abused but you said that whether she's credible about whether she had fewer didn't have fear was lying at one time at the border or another time somehow plays a role in that determination when the when the corroborating evidence the objective  evidence that would bring into question the credibility of that claim then if we are unable to determine if they didn't see that able to determine whether or not the petitioner was in fact a credibility vidual whether or not the incident that you spoke of actually occurred that goes to experiences matter in those situations so tell me what's the definition of fear so for persons raised in a culture in which thirty percent of those women who are abused or alternately killed by withholding more that more likely not they'd be subject to fear for their life and on account of the ground here so part of that the threshold issue comes to credibility whether or not you believe that the claim they're putting forward is believable  honduras you cannot be part of a protected class i did i did not take i do not take a position on that it was not at issue here severe it was never briefed and so i would not be the government and produced at her hearing government records which demonstrate that at least in the context of the family court and the police they are she saw now persistence and that there are from her treating doctor here or psychologists here which also corroborate that she was hans i understand the challenging aspect of this case in terms of the very sensitive nature of it i'm fully aware that i would just in making these credibility terminations under the real id act the agency can consider any record that some are just not in the record if you closely take a look at the reveals so doesn't that undermine the findings when there are clearly a remarked that the petitioner gave two different explanations for why the abuse began when stating that it was because she burns and being in the otherwise stating it was because of jealousy but this inconsistency does not appear in the record we have two separate sworn statements where fisher expressed no fear of returning and then we subsequently have testimony in which there are a claim of claim this raise for the first time and so in that instance the agency  government attorney also questioned her whether she was seven or five certain months pregnant when she was put out by her husband i kept thinking how  went to the hospital yes but there are no hospital records that she cemented in the nigerian lock on the fact that she didn't produce us hospital records my recollection is that she said she was told to record sworn available do you happen to know what efforts have been undertaken with that's the proposition that somebody with wants who they're going to try to sign him up and come from china who has not suffered that kind of abuse the kind of traumatizing experience