deny that i went to the b i a they affirmed it and it's now before us so the question for you that we're asking is what's wrong with the adverse credibility found t well well it's just an as i think this seems to be just talking for myself i think problems with the average credibility decision to start out with there is they did try to get evidence of the arrest record course you would want to do mediation within the immigration service or homeland security whoever's got it now or would you want to come to the ninth circuit mediation process i believe it will be within the immigration process for him that's  the lack of a better term i've been given my marching orders to to to defend the board and their decisions in this case and i think on the other hand i do believe that there are some reasonable grounds for the hooks or four holes that the immigration judge could hold on to in order to assess the credibility of this particular aliens so in that search the immigration judge was careful and again you have another witness and miss the wife indicating that the leg was not broken in october of one thousand nine hundred it was it was broken at a later date in november  the timing of that just doesn't work out given the fact that there are three different stories about exactly when the leg was broken and how the petitioner in th at this point so with three different stories about one incident it provides kind of a window in which that immigration judge catch a look through in order to assess any credibility at all otherwise those otherwise without without testing the story in some form or fashion the immigration judge had no way to determine the credibility of the actual claims that would have substantiated in th particularly in the ninth circuit that applied to each one of these findings and  all of that evidence since then you look at the state reports that at the time of these events the the organization itself was kind of separating and and so it's in the state activities that were illegal if they were actively carrying weapons which in each instance they will shoot not just from the police but return fire and indicating that some policemen were actually killed in the first in the first and the third raids in particular so the police have have there's a legitimate and logical explanation for the police to have a reason and a rationale to monitor a situation where members of their police force have been killed on a on a regular basis when they attempt to ascertain what is going on in a particular meeting we don't have there wasn't any testimony as to which would provide a rationale for why the police could be there outside of any other political religious or racial reasons in order to persecute mr jeffs and realize your time is up but let me i just want to ask you one question about know you didn't file an application for four waiver of your inadmissibility when they're when they're fighting that very determination well you know that's what i find really troublesome about to the i am to be out there and they would then be able to put in their evidence on the labor certification the evidence of the arrest and all the other evidence to show that there i mean i they will be able to vote they got a green card in response to a second petition does that bar the deportation order entered in the first case which we don't know what we would do with it but what was going to happen here but if the second petition were granted does that moot the first petition because the second petition results in a reopening right there why do we just send everything back having granted the one we just send it all back right my understanding is that if with regard to the the second petition that was a