you did not know the language judging from that incredible because he got the letter from the local office which ran by local population local or being in which was written in english and he did not file a complaint but on cour driver eventually as warehouse agent right before he got his new job in mexico he started turning over all documentation by that time he was a deputy at the union and he was able to request additional documents from the union as a deputy before he was just a regular member he can get it so getting busted additional documents to match the distribution before he turns over now he also deputy chief to match with what his records are prior he wasn't he was just a regular member just said listen you've been there for seven years you should have seen these records and therefore you're not credible that's another reason why she said he wasn't credible and finally the most important that's timing was the reason for the judge's decision that he wasn't credible on that incident and all the persecution of immigration judge found that he was consistent and credible it's just the timing on the events this is an explanation for not filing a complaint with the new york branch that's was a contributor to the judge's opinion and most of it was basically based on speculation for example she said it was incredible that he wouldn't consult with his wife as to travel plans because they were married for so many years but it's a judge a speculation based on the family dynamics you know in one country by move dynamic is different of the family dynamic in united states for example our our court has that that when an i j find something implausible it's not ok to rely on speculation and conjecture but it is our paper rely on common sense those things are things like inconsistency but also demeanor and also response of so the thing sweating is their face turning red things that you can look about about how they are acting as they testify but i understand this to be he looks like his eyes were darting it looks like he's nervous or she looks like she's nervous it was more what she said didn't make sense to me and we can read what she said so i'm not sure i have do you think that is  honor i think that this is a case where the standard of abuse carried the day in the court can disagree with the immigration judges germination on that point while still his knowledge in that any reasonable fast finder not be compelled to disagree i think that's the important distinction here and now with respect to demeanor i the government's view of the case is that the respondents white demeanor undermine her credibility but that there's no demeanor based finding or the responde fidgeting or her eyes darting or sweating or something that you would observe only in the courtroom sure i don't we address the meaner finding for the wife at age i believe it's twenty nine dollars of the bri and i agree with judge schoolbag be testimony that would only have been observable in the courtroom honor i believe that you could reach that conclusion based on this evidence i also believe you could reach the conclusion that someone who is relating events that may not have actually happened to them and that's the conclusion the agency reached here with the evidence supports both there were other implausibilities that supported the adverse credibility determination the nd is to testimony that he reported discovered records directly to the army and law enforcement and not his employer the explanations that were enforcement would have prevented un or finding out expected an investigation to follow he's also pointed to a language barrier and a lack of computer literacy but again the record shows he was capable of communicating with his superiors that  the form of the recommendation letter finally he suggested simply had a rise in the recommendation letter wasn't written by him right to request a recommendation letter with a conversation that took place in armenia and said i don't need this letter or travel as you please write it in english and someone who wrote english been written well the mere fact that he was capable of communicating with superiors for the purpose of requesting a recommendation letter in your honor i think suggests that you equally capable of communicating with them the purpose of pointing out hey all the things that were supposed to be sent to r t a there's no record there's no record of them ever reaching that i mean i think he admits he could have told them he just didn't think it was the i think that the that you're correct that is merely an exercise of a common sense by the immigration judge which of course there would be permitted to make reasonable inferences based on the evidence and here i think it was reasonable for the immigration judge say it makes no sense that you went to travel to the united states by anonymous visa now the government's position is not that a prior time to come to the united states standing alone of course would support an adverse credibility determination here though the specific circumstances are such that it is supported there for prior times all of them unsuccessful one of them denied based on the agency's concern that the mission would not depart the united states as required and in fact intended to remain there and one of them denied just two days to be honest ron and i might go even further the off the alternative holding says that there's no past harm rising to the level of persecution the board seems to have said that but frankly i do not need the immigration judges decision as saying and that is why the government does not rely on that aspect of the shows his credibility and that's also very important excellent the case and we also have a special appreciation to counsel for their willingness to argue remotely in the time of