appeals the issues in this case are whether the responded the petitioner had suffered  persecution or had a well founded fear of persecution the immigration judge found the petitioner to be reliable that he was credible  born in a muslim country and then was granted refugee type status in armenia but he is ethnically armenian but because he was born in a muslim state as are by john that he is looked upon and his family was looked upon as inferior as  as traitors to his own people and was punished accordingly the immigration judge incorrectly hell that whatever happened to  look at first what happened to the petition and there is no dispute about what happened to him he suffered some kinds of discrimination during the years he lived in armenia for example he was never permitted to work in that country work for the government he was trained as a dental technician but he was precluded from working because  armenia says that he did not have to serve in the military yet the military wanted to conscript him that has forced him to serve in the military the father accompanied the son for the military office and when the father protested and showed the law that says can i take my son the father and the son were beaten beaten severely the son and these are armed military personnel that are beating these two people the son is taken away where he's held in custody in some unknown location in a jail for about ten days the father is told you must come up with a certain amount of money or you will not see your son and things will be bad for you and your family this is a threat by a military official the father lea raises some money not quite enough to satisfy the military officer and then the military goes to the father's home where he threatens where the military threatens the mother the wife of the petitioner and the children of the petitioner two young ladies threats are made that if you do not comply with what we are ordering bad things will happen to the women bad things great incarceration beating torture the father took the son after payment of money the father took t russia and then further threats were made against the family the father had to return to armenia where he faced the military again and he was coerced to pay even more money so why i it's not just anyone it is this specific group i mean ian ethnic armenian preston's who are born in a muslim state who relocate to armenia are not trusted they are treated as threats by ultranationalist and that is exactly what we have here exactly what we have the immigration judge did not seem to think that the violent the physical beating saying is that he didn't show it because he's because of both his ethnicity was a criminal act not not political persecution well i don't see that the criminal act here  abide by the military trying to work outside the law well that's that's not an excuse for what would otherwise serve as persecution and there is there is a sufficient nexus here this family had been persecuted and the military went after them because of the ethnicity and because the military thought they could take advantage of the states throughout what the petitioner states throughout is that this would have happened to anyone an armenian citizen or refugee because what happens in armenia is that there is such longer side backs down they keep going at each other it gets more intense and more intense and more intense the record is not clear as to who true the first whatever but it becomes a physical encounter  son in upside down or a traitor my argument and i think the board also felt this way or the immigration judge is a this was in the heat of a physical harm from titian it is not sufficient to trade doesn't it give us a glimpse into work there are motivation was i think to give you a glimpse into what the dynamics of the community yes but i don't think that one epithet in the course of this encounter that that's strong evidence of the social fabric in armenia but it's not a single epithet thrown in the heat of a physical encounter i would argue is not sufficient overcome petitioner's own testimony that wh wasn't countering would have been countered by armenian citizens as well as refugees that this was the result of a corrupt system whereby people bought their way out of service and were and and th the military which is the reason that petitioner comes from is still a viable a volatile area and so the military needs your concepts so if i understand your argument what you're saying is that this happens to everyone there and it's the correct pla it has to compel finding otherwise and you're saying that it doesn't is that i would agree with your summary with just one caviar ok that my argument is premised on what freely admits throughout that this would have happened to anybody but essentially it isn't and it is a one time event that takes place over a period of time and also there was no all though he lost when he did not pay the money on time essentially that two thousand dollars and instead paid a fifteen hundred dollars bribe to get his son out of prison for ten hours during which time it took him to russia he comes back because the military has gone to his he's there with the soldier he's there with his family members and they see you come back with something that is going to happen he comes back still no criminal charges are entered against him there's no evidence that it was anything more than a threat to bring these criminal charges against him in the aftermath no charges are brought against his family members nothing happens to his wife and daughters they go to the embassy the are and they leave and look for russia and from there come to the united states but there was no evidence although there was time there was no evidence that the nature or anyone else was going to fulfill those threats against them and i would now if he had when they entered the room before they said anything or when they had just shown their documents they looked my son's a refugee exempt from national service if the if the major if that's something along the lines of or you upside down or east or whatever and started out at that putting them on their back feet putting them on the defensive then i would say yeah maybe i for comes in a little stronger here but it was after they started on my he started and and i don't know from the record the people that he knew that these things happened to were people like him there was a large influx of azerbaijani christians i mean christians who came to armenia at about the same time  here saying that the record will show when we look it up again that when he testifies that this happens to everybody who has drafted a choice to get out of it he's talking about only people of ethnic gardini and i i think that the record will show that there is a sufficient next because everything else is there everything else is there the racial slurs the attack the ethnicity