and one of the ways in which it's helpful is not so much about the results here with i mean that's neither here or there but that it provides a principled discussion about looking at these types of cases where an asylum  which overlaps with the possibility of criminal investigation and security concerns overlapping with the question of what's persecution and in this particular  case that is one of the things that actually is troubling and it's sorely lacking in the immigration judge's decision and the thing about dean who is that it involves a specific that there has to be specific criminal investigation or some sort of specific thing in mind that's going on and up to the authorities are attempting to find evidence of specific criminal activity and in  dino here is from a principle discussion obviously the the results and i'm not so much relying on his dissent i'm looking at the principle discussion or here and that helps us to provide limitations and that is one thing actually that the judge in the instant case did not have under under his approach it's like nobody gets it and and and what i like about dean was that provides a principled discussion and i've just  facts of course are different here and in fact nothing like this it's like that here the judge in this case provoked pointed to no specific criminal activity he merely pointed to general statements about asked about his own activities and the whereabouts of other o l f members and in the end in the process of doing so they he was subjected to beatings he was forced to walk on and correct they didn't think that he was a problem they just said we'll call you and and for potential if we need to and then they warned him that this isn't a declaration brought up on appeal that was and it was mentioned in the breeze here that the judge didn't even look at that possibility and if we're looking in terms of what the court should be doing here it actually could be rather modest there were just a number of things that were really not developed unrelated to his membership or his viewpoint that doesn't matter to the outcome from your perspective yes and there and that it's mixed motive and unfortunately these things were not these the board e another troubling aspect of this case is the way that the immigration judge used the record and and i'm not even talking about so much the all out communiques that are in the record but in fact the stuff that is very helpful to the response to the petitioner that's in the department of state reports because it's actually much more even handed then the immigration judge who just focused on events that happened in one thousand nine hundred five surrounding the e and and in one thousand nine hundred two as a result of tensions between these two warring factions that's when the o l f left the coalition and that's when in this period of time where president is not the one with the power the one with that in which really the true power realized inheres in the prime minister and the prime minister melyssa not only is the head of the  about the withholding of removal and there is referenced it if there is it's basically sort of stuart has a reference to you know what occurred earlier in the argument and and with regard to the record below yes initially the at the master county which was a very unusual kind of situation there where the judge just said well you know asylum with tall and strong cases we won't go at the cat which i find  practitioner as that rather unusual but nonetheless ultimately the the judge in his into our two thousand and three when he came back said that you know he's going to be ruling on the cat claim and recognizing that maybe yes so unless or any other questions out of the moment counsel ok we'll hear from the government and the killings of civilians were occurring by the military which is why suspicion fell upon the military you could say political group or social group and you know was therefore taken into investigative criminal activity and the court found that as long as the police testified that he was repeatedly questioned about the identity of what is it members and about their activities and during the time he was tortured at the police station and so forth i don't inclination to believe that but i'm just reading the record i mean he and his credible testimony that that was about that's what they were doing asking him about why they tortured him they were taking and a lot of members who were trying to violently overthrow the government they weren't taking in just political members because they were politically involved with the o l f he actually did testify that the government detained you if you are a suspect he says i was assisting all of fighters monetarily so they would have a suspicion that he was you know involved in the violence he also testified that i didn't know if everyone wasn't in fact detained where a lot of them are members well i guess what it what it looks like to me just reading this record and seeming him to be credible is that there were two things going on one was a belief that he held certain political views and that they were giving him up because of that and also if they thought he was a troublemaker and they were detaining the alien failed to show that the government's likely in force its regulations against her it's obvious that the government wasn't selectively enforcing their regulations against mr abraham i understand that it appears that they were just rounding up these all have members but during a time of transition transitional government ethiopia it was maybe not the way that we would go about investigating a crime but it was the best way they could sort of handle the the violent overthrow the government i did agree that he believed during the transition and they feel in government he was detained he was probably taken in question because they were trying to find these all of criminal members he testified that he was held for five months in inhumane conditions where there was no bathroom where he was forced to walk on his knees where he couldn't walk because of what they did to his feet and various other things that that's a given in this case why isn't that past persecution it's not because it wasn't on account of his political opinion but that goes back to the things where he said that his feet were tortured so he couldn't walk or where he had to walk on his knees and things like that where he was pretty specific about things that happened to him during that five month period  that and in the opening brief that i hope brief is only fourteen pages long or something like that and there are at least three references to the care claim by my reckoning on pages three five and again on fourteen were where he has a you say he did waive it in immigration for seattle where did he do that the record indicates one thirty two one one forty was that before the final the final hearing brings up the cat claim and the government had no problems with that and that is with the judge making a decision on that there was no objection with regard to