overcome what is your best argument for how the decision by the agency is manifestly contrary to law an abuse of discretion that's a pretty heavy standard of review for you to overcome especially given the fact that the agency in this case took in a ration some inconsistency is in the petitioners testimony for example there was and consistency with regard to how he entered the united states his manner of entry into the united states and various other and consistencies and the agency took those factors and the consideration how can we say that based on those factors taken into consideration by the agency was also ordered to be removed from the country so therefore this is an order of removal as a final order because the be dismissed his appeal and we also agree with the petitioner that there is a asylum we agree that he is eligible we are looking at whether he merits violence and the exercise of discretion and asylum is a discretionary even for those who are eligible and the burden of proof for demonstrating immigration court however he changed and said that he had left the sri lanka and he had called home sometime in october th seemed to speak to his wife and she has said that the police came to the house looking for him and beat her so in one version of the story he is present when the police arrive at the home and then he is also beaten and then another version of the story he is calling home and it is his wife not him and he was mexico given him the opportunity to stay in mexico as a permanent resident for humanitarian reasons that is also a factor nice do you want to point out   but i think for purposes here this morning i want to emphasize i think our strongest point is that he actually was offered permanent residence in mexico for humanitarian reasons and that brings us to the next factor which is his contacts in the united states because your honor sometimes individual who is fleeing a country of persecution they may choose to come to the united states rather than on the different country because they have family members here  he thought this was the best country and so that brings us to the issue of family unification that is an important factor however the beyond a center that  an important consideration consider it but in all overcome the other factors so we want to start that that means that they have properly considered it with regard to the address credibility determination i want clearly is part of the immigration judges address credibility determination in addition to this major inconsistency in his story about whether the police beat him he was also inconsistent about these out of the story as well and then that would bring me hour asylum there is an order of removal and we have jurisdiction to review the order of the final order of removal but there's been a designate a spy the government and then he granted the application for withholding of removal and under the immigration statute there is an order of preference of where  to include any country that will take him and i will i will say to the court the th circuit made in the the the case there is issue from pronouncing it correctly that if the government's position on that were accepted then the asylum seekers who met the higher standard of proof of persecution that is required for withholding removal would be the very ones who receive less protection when they were denied asylum or not ground today thank you council will take the matter under advisement and that completes our docket for this morning and the court will be in recess until nine o'clock tomorrow morning thank you