credible then the testimony must have been accepted as true and the board did not defer to the testimony at all it noted under the ninth circuit law that the petitioner was credible your honor the government failed to protect him it is the law of the land of course the culture is that ramadan is is respected i think that in this case the question of who is more religious who's more muslim than another is is really the issue here i believe that the government's position is to honor and support those that take a more restrictive view of how ramadan is opera is protected  is honored in the country and so to that extent i think that and also we think that there's past persecution here as a responder was injured he was beaten and he was beaten once but it didn't seem to me from reviewing the record that the beating was linked to to a protected ground the beating doesn't seem to be explained well you know and i think that if you look at the line of questioning and the record at that time that the line of questioning was flowing from an initial question of what type of persecution did the respondent suffer on account of his religious beliefs and that and that line of questioning although we're not a specifically at that point established the nexus that the next this is flowing from the initial line of questioning in addition your honor i'd like to also address the fact like what if and still we have that the government both failed to protect in the future will be willing and unable to protect him because obviously the the people who done this are not themselves government officers this question are i think the critical fact in this case and evidence in this case that supports that is the fact that it is a part of the penal code of the country and now that he has converted that the report shows that all that was once the case voluntary conversion is no longer a crime in morocco the record your honor is as i'm aware the record that we have provided supports the position and you know religious freedom  reports was that it is it is a crime to to to convert in addition your honor i think that one thing we have to keep in mind is that in countries where there is the muslim faith we do have the law that made me implement it but  immigration judge was taking a totally different interpretation of what the state department state than what the petitioner what the petitioner did and we believe that the university just freedom act supported supported the position of the petitioner in that and that matter the record it to thirty nine seems to go both ways and this is the department of state report for international religious freedom report so i see a reference that may support the proposition although the the main thing it's  those who convert to christianity in other religions sometimes face social ostracism and in the past a small number of persons if a short periods of question over detention voluntary conversion is not a crime under the criminal civil code self or in the past the authorities are jailed some that becomes important because that's the other ground now being asserted by your client and she's come to this country as i understand on account of the well founded fear you are yes i think that also when we look at the law we can also look at the custom and the standards in the community and that is the reason why the respondent wanted to have this test of his father chester by which the court disallowed which we believe was a violation of due process and found of it all fairness in the case yes the decided to continue the matter to allow the witness to come and speak to whether or not the really to impeach the respondent and speak to whether or not he had made a statement a claim a false citizenship we believe that this was fundamentally unfair and a lack of due process i have  had he come back as a muslim or a strike that come back as someone that had converted to christianity thank you good morning your honors may please the court i am claire o'connor and represent the attorney general in this matter your honors the record in this case establishes that christians openly can practice their faith in morocco and them walk in government officially recognizes do clearly indicate that although islamic law calls for punishment of those who convert from islam in practice under murder under the moroccan official law voluntary conversions are not a violation of any part of the moroccan code and that again although some converts from islam may be subjected to social ouster system which is largely what petitioner testified to with respect this past experiences in morocco for not find ramadan that also ostracism this court in both the board of immigration appeals as recognized by itself does not rise to the level of persecution but the past is just read by judge clifton indicates not only the possibility of social ostracism has distinguished the adverse credibility ruling but continued in effect affirm the immigration judge's decision with regard to the player to demonstrate past persecution here in history of record fifty seven fifty eight which are pages twelve and thirteen of the i j z ruling where he says i can find no link or nexus in this case to any of the five a numerated grounds or any evidence and this is the phrase  caught my eye other than respondents testimony which would lead this court to believe it was persecuted in the past or has a well founded fear three returns to morocco now the b i a separated itself from the adverse credibility determination went on to result of that i you know i read the testimony and he keeps saying that the farm people he worked with yes does he ever say that they are people that he hired the implication is there but as you never say directly that these are people that he on page one fifty of the ministry of record he was asked if he hired the people that were persecuting them on a daily basis and he responded that he did ok let me make it there these are the people that you hired ye average credibility also goes to the issue of the exclusion of the witnesses because there is no dispute by either the immigration judge or the board that he had in fact converted to the mormon church that was odd the only proper given of the respect church members i was that they would testify to the fact that he had converted there was no proffered that any of these members had actually been a morocco that in morocco and knew how mormons are treated in morocco and fact the letter that was submitted that was made to the  in the record from the two elders in his church again simply goes to the fact that he thinks very good he participates are regularly at services and we think that he's a good member of the mormon church because that was never called into question and he can't establish any prejudice from the fact that that's which members are denied to testify and given the proffer given as to his father when asked by the immigration judge why do you want the father's testimony even the notice was given on the day of the hearing and not in compliance of the court rule days in advance his proffer was wrong i think you may have concerns about my credibility my father can testify regarding that and he can testify regarding my past experiences in morocco because the board ultimately reversed the adverse credibility court presumes that fisher do with incredible again there is this no showing whatsoever of prejudice prejudice to the respect to the father's testimony because the board believed everything he said that happened in the past in morocco was true just even assuming that does not rise to the level of push the kitchen or supportable front of anything that the father might have been able to contribute beyond what you're saying what you say makes so far so far what you're saying i think i agree with contribute in addition to what you're talking about is the possibility or likelihood of ill treatment upon his return as a converted christian that may be your honor but again the judge clearly asked counsel for the proffer so the father testimony this was the only family member who had converted all the other remaining family members are still practicing muslims and morocco the country is ninety nine ninety percent muslim no evidence was given that the father again and that the judge call the witness on a song continued the matter to have that witness to come it was not a witness that was called by the by the government and there was no notice of that witness at that time or that he would continue the hearing wel