good morning your honor may please the court my name is maria multi polar men and i represent petitioner who say arianna are us in this case the first issue before the sport is does the harm that petitioner suffered rise to in the aggregate to the level of past persecution the second issue presented this morning is whether or not the ords interpretation of a particular social group as presented by petitioner is entitled to deference the third issue is whether or not the board erred and failing to find that he had established a nexus and on the fourth is that the board did not sufficiently consider his convention against torture claim requested here is what i mean what what i need to hear from you in terms of the social group of individuals who are perceived to have money because they are returning from the united states isn't this a dead and after honor with respect to that issue i do believe that it is an issue that this court has now addressed with respect to sell however with respect to the first particular social group that we did present in briefing before the i j a before the board and before the quirk i don't believe that this is an issue the first particular social group is young salvadoran males who oppose gang membership and their criminal activities on account of moral and religious beliefs in this particular case who titian or had come to the united states several times and been deported several times after he returned in two thousand and seven he was not attacked he was able to live peacefully there he remains in the united states again for approximately four years and in december two thousand and eleven he returned and thereafter over the course of fifteen months he was repeatedly attacked by the masses thirteen extorted threatened and suffered on account of it he opposed working with the i must thirteen although he did for five thousand dollars and i understand this goes to the second social group but it's also part of the first social group and the end mr mist i'm sorry petitioner ended up giving them five hundred dollars which is a large amount of money  salvador he continued to give them smaller amounts of one dollar to five dollars but when they requested him twice on two different occasions to report when the police were around keep did not to be i suppose that the gangs thought that he was supportive of them because he gave them money i'm sorry your honor could you repeat the question  early wasn't it possible that the gangs thought he was supportive of them because he did give them some money when  asked your honor if mr oriana had received used to provide the money then he feared that he would have been killed as many people who refuse to cooperate with the m s thirteen and all salvador are killed the record is has numerous reports including the us state department report that demonstrate the control that the  thirteen has over literally the whole country and anyone who just not comply with their demands faces severe consequences he was a young male at the time that he did provide small amounts of money he did not however call the police i'm sorry called the imus thirteen as the am asserting i requested when the police were in the area and in fact in october of two thousand and twelve he was detained by plainclothes police or people who portray themselves as being plainclothes police beaten and handcuffed and interrogated about the imus thirteen subsequently released from the police he did as you noted provide the small amounts of money but with respect to how the imus thirteen operates it creates literally sear within the communities through its actions so in terms of did he support the m s r teen he provided the small amounts of funds following the first five hundred dollar extortion for its the safety of his life and of his family after he left el salvador and fled to the united states fifteen months later and april of two thousand and thirteen the m a search team continued to look for him and there was  controverted testimony from his wife in the record that the m s thirteen had come to come out so your honor we believe that because he falls in this group where he did oppose gang membership ultimately by fleeing el salvador again to avoid the i must thirteen and he was an active member of his church and the church did oppose the gangs in its area of  it's probably maybe you through the population of the country your honor that was an issue that was not addressed by the board or by the immigration judge below but in response to your question if the person is actively involved with the church and the church is opposed to the gang activities then the line could be drawn because some churches may not openly oppose the gang activities in el s with respect to the the harm that mr oriana suffered a petitioner suffered in this case the immigration judge found that it did not rise to the level of persecution and the board affirms that decision not part of her decision however this court has said that you look at the acts in the aggregate and in this case within a fifteen month he was beaten by the imus thirteen extorted repeatedly and threatened with death if you didn't cooperate so over a short course of time in the aggregate we ask that this court find that he did suffer past persecution because it wasn't just one incident it was repeated incidents with respect to the probability of future prosecution the government did not provide anything other than the state department report to rebut the testimony of receipt of petitioner and his wife or the numerous articles that demonstrate that the government of el salvador had negotiated a truce with them us thirteen the truce had essentially broken down the m s thirteen was running its operations from even with then the prisons and jails in el salvador and petitioner in this case said credibly testified that in one incident when the police stopped him looking for one of the three m s thirteen members m mr ariana later saw mr rebus walking down the street a few days later he was clearly out of custody the record evidence demonstrates that the government of all salvador is unable to control the m s thirteen and its gang members whether they are incarcerated or they are on the streets what what evidence was there that the gang members knew that he was supposed to gangs other than his membership in the church and you know they might or might not have known i suppose that he did not co record besides the fact that he did not call them they had forced him to put a phone number into his cell phone to contact them when he saw the police that's number one into the phone but he did not call them spite the fact that he had actually been stopped handcuffed and interrogated by the with respect to the convention against torture claim the board issued a one sentence decision on this issue which did not address the country conditions as discussed under what constitutes stand please to quote this case presents in the brief many many issues and that the police were fairly largest box immigration cases are concerned but i would submit to the court that the resolution can be decided on a much issue of whether people perceived to to have wealth because returning from the united states there's already been decided by this court and not just one but two cases the biggest case and also the  constitute persecution by itself tight hundred dollars is a lot of money in a place like el salvador  that if they're only asking for small amounts ten dollars five dollars it's probably not likely that the gang which went to kill him would have such a small amount of money and there's nothing in the evidence compelling a reversal  well answer isn't it clear that when the board's essentially agrees with the immigration judge then the court review both the the the the findings of the immigration judge as well as the poor decision or to the extent that that the mistreatment she suffered however on plus it just not right to the level of torture that's an immigration judge decision the fact that there were no state actors the immigration judge found that there was no likely that he would be a tortured recognized by the board and courts are are indeed quite broad you know women and try to see that practiced female general what population is probably opposed to gangs or that large numbers of people are wealthy or any of those categories under all of these circumstances with respect to the government's argument about the dollar amounts and the fact of whether or not there was mr oriana had demonstrated his opposition thirteen mystery on it was a farmer he did not earn a lot of money so he saw that other people being the bus drivers who drove through his town on a daily basis were murdered because they did not lowest level officers within a government who do not protect others from torture can demonstrate acquiescence in this case it was clear from the testimony and also from the record evidence that police officers at the lowest level are unable to protect salvadorans from torture by the imus thirteen the record evidence also demonstrates the amount of corruption throughout the salvadoran government and particularly at the lowest levels including judicial corruption so we submit that mr oriana did demonstrate by substantial evidence that he faces probable torture and all salvador we asked