point out to you the panel that the next happily attorney is christopher bates and you'll find him under the initials you you for unknown user deal before i get going i would just like to briefly acknowledge my colleague at taft the teeniest christian paid all who is listening on the telephone this morning she spent a significant amount of time working on this case both before the immigration decision of the day that determined he was not eligible for a deferral of removal under the convention against torture and i'd like to talk about three issues this morning number one and why the co our case from the united states supreme court this past june which held that the court or the jurisdiction stripping provisions would do not apply to the convention against torture and that this court can review both the immigration judge and the v a s the citizens factual determinations for clear error and rd of why in our view the decisions of the immigration judge and the board of immigration appeals in addition to the not more likely than not that mr hasan would be tortured if he were to be removed to somalia in his response brief the department of homeland security has argued that  the stare at you with the last point i don't understand how your aggregate risk argument can can deal and be applied to the specific intent a requirement in the in the is for the three things that we raise the court would look at the specific intent to torture of whoever is going to be doing the torturing for that particular issue and bad once the court has done that with each of those three things look at that in the aggregate and that's how long that's stopped as i don't understand why you look at it in the end or get if there is a failure to prove there is a torture with respect to any of the categories of risk what aggregation if those other two issues had reached over the fifty percent threshold then the court could still aggregate those two things and it could still find that mr hicks had met his burden under the mathematical quantitative analysis accords talk about that and talk about how you analyze the possibility of torture and how you aggregate that it's not a strict mathematical  formula but when you when you look at all three of the things and then you add them up and consider them in the aggregate that's how the court is supposed to approach this under the convention against torture and what's your best case for this aggregate risk and fifty percent threshold interaction sure well we raised three issues number one that mr hazen would be for her and i asked you for your best case and you can go oh best case  was part of the harm that was being dealt with was the government's control of gang members in el salvador so it's a sort of traditional kind of case that you would see coming out of the central america region  infiltrated at least low levels of the somalis federal government including the security forces and there's evidence that we've stated in the record that individuals who perpetrated some of those bombings are wearing the security uniforms and allowed to look at that issue and determine whether the board of immigration and the the board immigration appeals or the immigration judge erred when they made that factual determination  yes that's and that's how it was presented to the immigration judge and the board of immigration appeals are in and did not resist elephant torture has to have the specific intent with respect to in late late last year that's what it seems to be that makes the acquiescence issue necessarily particularized as to each  om for the westernized westernized folks who are coming back to somalia from the united states what the specific evidence of the specific intent to torture that group and then for the last group which would set out in our brief but when the court looks at each of those three categories and the intent to torture the men and women that fall into those categories then it aggregates the rest then or can go through and make that base for the respondents under the substantial evidence standard it is the petitioners burden to show that the evidence in this case compels the conclusion that he is more likely than not to suffer torture a fee is returned to somal susan page four of the record in the course there's an abortion rights the record reflects that the immigration judge consider the aggregate risk faced by the respondent regarding the likelihood of torture and i would also draw the course attention to held that addressing risk factors into visually is permissible so long as the board ultimately considers all of those factors together and in the omar case the court found that the board had permissibly and appropriately i consider the prospectus together whether or not recognize at the outset that it must consider all evidence relevance of possibility to future torture and then ultimately address the risk of torture quote overall similarly here the board recognized at the outset of its decision that it considers all evidence relevant to the show that he would more likely than not be tortured if you were moved to somalia so the fact that the board and i went through the factors individual does not mean that it failed to aggregate risks rep recognize its responsibility to consider the risk factors in the it particular rise risks so it's not just this question of specific intent standing alone or in the abstract but the position to show a specific specific intent with regard to hammer in the words of the demo case specific grounds to indicate that he would personally be at risk from torch in the a demo case which was a case involving an ethiopian national who allegedly participated in activities with a group called the liberation front the interstate with activities and but that group the united states and the big government ethiopia torture members of that group in somalia this court wrote that the existence of a consistent pattern of gross flagrant or ma if there was a torturer with respect to the tragic december like i suppose anybody on the flight would be at risk of that torture that so that petitioner is its framing is asserted like the torture of so if it were the case that the evidence the record compelled the conclusion that anybody on that slight were more likely than not to experience torture if they were returned to somal haven't been on that flight and therefore a member of the group certainly that would go a long ways towards success for m on his claim and you know just just taking that that flights  being on that flight and that that was a reference in a minnesota a radio broadcast he's not named as a plaintiff in a class action of the guards of the flight and in fact one of the witnesses at the hearing  i don't have her name in front of me but it was just her sister's friend who was the final witness of the hearing she testified that she had heard about the final social media but that she didn't even know that the person was on the flight  it's not the generally known in the press so i think i think you're right if you're if you're a if you're over all position turned out to have argument i am fire from perswaded i understand your honor certainly rehabilitate gang members and here there is a lot of evidence in the record about the efforts by the somali government to fight and to reduce the influence of alcohol certainly you know they have not completed those effort a can unequivocally show a seventeen percent chance for three reasons three separate reasons as intitled to catch really at that point so this court point with regard to the discussion about the notoriety of the december th flight and people learning about that the witness who testified about that before the immigration judge her name was congress suliman and if you look at pages three hundred and forty one thousand three hundred and forty two of the administrative record or that's part of her testimony where he talks about how people find out about things  in somalia and one of the things that she's gus's that news is not only passed by news stories and on facebook and things like that but a lot of the information that people are finding out about wh you know or example or people who have passed away things like that happen so the way that people find out that sort of information isn't always going to be just limited to the