activist in el salvador the government characterizes to call her assailant advances on her as romantic instead it was a continuous attempt to silence her and her father both of openly expressed their religious and political opposition to the gangs and the gangs abuse of women in el salvador am aside is the order of the day in el salvador women who were recruited by gangs faced with several death threats associated with guns pointed at her she went to the police and the police told her that they couldn't do anything until someone was seriously harmed in this case it meant killed and  car is your argument not that you fast paced past persecution but that she has a reasonable fear of future persecution your honor with all due respect i believe she jumped in and we placed pastors so tell me what t asked you tell me what the past persecution was there were several times that she and her father walked out of the church together after her father and either preached or she had been switching in and religious classes pool and this guy to came up to her pointed a gun at her head and said you either be my woman or i will kill you and then he shot the gun into the year he also intimidated her the record is not clear exactly how he intimidated her i happen to know but it's not in the record and then after so that was the that was part of the past persecution this happened on a number of occasions and she and her father went to the police and the police said there's nothing we can do about it we can't do anything about it so the combination of this these events with this guy would approach or and demand that she join him in the gang forced her to leave those salvador because she did not want to be killed now i understand in the end i understand that a religious group can be a social group i was asking you for a moment to assume that the motivation of the gang member was not religious but to rick to get her in the gang so he could have his well with their is their relationship to a social group here well the it's not enough that i'd like i can be jewish and persecuted if i'm not persecuted because i'm jewish that it doesn't career women in el salvador subject to this kind of recruitment as women and i'm trying to figure out whether or not the motivation in this case was religious well because she's walking out of a church a church where she talking is really very very informative because for our bob was a young man from guatemala who took definite steps to oppose the gangs and he was granted that status of being a member of a particular social group in this case my god knew was also take definite that she spoke publicly not only in church but it private meetings public meetings private and public meetings with her father against the gangs and  abuse of women and when the gang member would meet the father at the door of the church is there going out he would ask him why are you preaching against gangs i don't think that was said in a genteel way by this gang member  church door it was probably in a very threatening way and one can assume that since it was followed by brandishing a gun at medinah said and firing a gun into the air furthermore there is a  recruited by gangs i don't see a proposer sure group of those who preach against are opposed to gangs i make my mistake in that this is the st time we're hearing about well she definitely took an action now and maybe supported by the record as i want to ask i'm asking did you ever propose a social group of those who vocally opposed gangs in the agency we can only consider arguments made i mean she definitely taught and i'm willing to asking a very specific question did you propose this social group to the i i believe so it may not be clear from the record i think that you know a human being doesn't actually fit into all these boxes perfectly she she had a lot of sides to her personality like most of us do she was religious she was somewhat political she was trying to be a complete human being as a and but face this demoralizing treatment that women face in el salvador you have to remember you're on and that in else salvador there's a tremendous rate of  women are raped every day in el salvador so she's under this enormous pressure she's still able to speak out and so all these boxes in the i five hundred and eighty nine form and the requirement that that a particular social group be defined at the outs et can't a person a human being usually spills out of those boxes and the boxes bleed into one another and if i may move on to future persecution with you with all due respect there was another police report mcdaniel left el salvador november th on november th her father again went to the police and in that police report it clearly states the police report says in that instan t persecution the police said persecution is very direct and for this motive they made the decision to come to the police station station that's talking about the st report but then afterwards she that if these statements were credible that they should be they wouldn't give rise to relief what do we do with a lack of credibility finding well if you find her credible we can't find her credible we're not allowed to find credibility relieve the b i a says we don't have to deal with the st half of that because we agree with the nd half so my question is if you were to prevail here what do we do with a lack of credibility fight  i know you're posing but what do we do with it i think you should reverse and find her credible and if you do find it credible then her her testimony should be taken at face value as to all the things that so you're saying that there's no w that the i j a could have found her not credible i think that the r j was absolutely wrong because the i j a based her credibility finding about discrepancies between her testimony and the police report and actually the police report is quite good and also the plea agreement police report that she made it was also in consistencies with the plea agreement she entered into in the criminal case yes and also another thing that she based her opinion on was the fact that they were came in with someone else's passport but a matter of paula it is been held that if the judge must consider all the circumstances in an asylum case and can't simply hold that kind of entry against the credibility of the respondent but in fact this judge did in another instance the judge made quite quite a long discussion about the name of the assailant a probable is a name a spanish word for a nickname and yet the person's nickname karl and there was a lot of pages devoted to the discrepancy between that name which really was irrelevant it was it was a typographical error on the part of the attorney's office mixing up the name of a pogo and rather than asking when the respondent testified look i was this happened to me and i was intimidated rather than asking well how were you intimidated there was this and this discussion about something completely and totally unimportant please the court nicholas harling for the attorney general petitioners asylum withholding claims fail in part because she was the victim of crime and personal animus and alternatively because she failed to demonstrate that her social group of women who  recruited for gang membership is cognize cognize of all what about her what about the argument that she was a member of a social group which is to say her religious group which though which and that was part of the no evidence to support petitioners belief that should call was motivated by her or her father's anti gang activities to try to get your computers were part of the religious activities in other words she was speaking out as well so far there but she particular was speaking out against these groups and so it was essential it was intertwined with she was speaking out as a as a activities as well and so far those were as a result of their religious activity so why why can't it be inferred that the motivation was there it's was there and gang activities it's part of their religious activity it's important not to get bogged down in to examine whether this is related to their religion because their fathers according to your because it happens at a church on some cations or that it's because the anti gay activities what's important to look at the evidence and there's no evidence although she claims that at church functions she essentially told a sunday school class and when she told children the games were bad there's no evidence in the record that the gangs know anything about that much less if i could point you are to the record of two hundred and thirty seven she's describing how it happens and what she says is you know her father would go into church the gang member she's explicit would not be in church but they would stand outside and they could hear her her father preaching  anti gay message so there's no question the record that the gang was aware of his anti gang positions there's nothing in the record to suggest that they know that they know anything about what she did she claims and even if we assume that it's true that she was  sentially teaching a sunday school class we don't know was this in the in the church was this the gang members hear it and there's the further evidence supports that because every time in the record when you read it it's clear what your call is motivated by because he doesn't mention when he's talking to her directly he doesn't talk anything about her religious activities or her father's will is activities to her there are times she's present she talks about coming out of the church and to call address her father and he tells  that it was because of that but this finder of fact didn't so right there is but if you read the record it's clear that because he is singularly motivated by his interest in making her his girlfriend you know then that's the part of the i d f decision to give me some difficulty his girlfriend sounds antiseptic here but it's a gang that's looking to recruit a woman as one of their associates if you will and and their records pretty clear that when that happened women face real persecution so to call this a romantic girlfriend thing i think is  need to do it and don't know when you can put it strikes me as as the point of the ideas decision i find difficult to sort of your realistic basis find find accurate your point is well taken but i would just point out that girlfriend is at least in the translation the term that was used at the hearings so to the extent that she herself was saying to call wants to tell me i have to be his girlfriend i'm not sure that we can well there was plenty of evidence with plenty of evidence put in the record in this hearing about what gangs do of course and with respect to their quote unquote girlfriend scores and i don't believe there's any suggestion that the immigration judge who sees i'm sure is these types of cases all the time know the country conditions of america and about the board in the board and then making that address the credibility ok if i could just move on and address the nd social group that was presented women who were recruited for gang membership the board found that that was not for two reasons the st was because the petitioner herself did not present evidence to demonstrate that that group is distinct within the salvadoran society the board didn't say that it's not distinct the board just said she didn't present evidence of that if you look at the opening brief she doesn't meaningfully engage with that determination she doesn't cite you know the board ignored this piece of evidence that i've presented which demonstrates that it's distinct and alternatively the board also found and additionally for many of the same reasons that her cat claim also fails the lack of past persecution which the government argues in the opening brief not only was it not established but she doesn't challenge it so it's waived and the fact that there is no not even listening and then they would be at the door when her and her father came out and then they heard the father's message and they would ask the father why you were speaking and she definitely said on a cross  that the gangs targeted her father and her because of the anti gang messages and that's in the record things like thank you very much counsel