released from from cuba spent five months in spain and came to the us and became a citizen at least by the by the early morning the focus of the of the argument though is that is those the science and it's the scientific nature of the hepatitis c virus have to see replicates repeatedly and once you are in once you are infected with have see not everyone is injured by it and develop cirrhosis of the liver but a good chunk of percentage of people do but the scientific facts that are in the record of the rockefeller university report clearly clearly states that they have a c virus will continue to replicate each day it has a beginning point where it hijacks a healthy cell it replicates in that cell and then it destroys that cell and then it goes out and does it again and again and again and so you know it's if someone proviron on a plane in cuba it was flown to the united states landed in miami the bomb exploded in miami causing death and injury while here the hep c virus is like the box mr herrera's has spent in the united states has been a u s citizen since well before the two thousand judgment in his case was enter  and so each day he is undergoing a new detonation so you have as a reason it is absolutely increased over over time your honor and that he was dying to such an extent that in them the medical testimony is in the record that in one nine hundred ninety eight he was diagnosed as being in the early stages of liver cirrhosis so what we have here is is a situation and it's i would tell your honour's that it is it is unprecedented there are there are no cases that speaks directly to this going on so it's an issue that is somewhat unique but given the possibility of biological attacks and the fact that the congress particularly when they enacted  tree specifically said that an act of terrorism they defined it by referring to the immigration and naturalization act that annex terror would include an attack by about biological agent so we torturing mr harasses you get it from a you get it from a dirty needle he was infected with that have c virus he came to the end ited states that virus is continuing to replicate each day so you have a situation where you have all of the torque and the injury current in this country after cuba was designated a state sponsor but the florida circuit court did have before it in its record the fact of his oath mr perez is testimony in a criminal case against a person who was on who was working in that cuban psychiatric institution where he was tortured and was indicted for making false statements on his citizen ship actually haitian that trial transcript of mr your specifically said that he relied on extensive out and he went on to say that he took judicial notice of the first scenes in the criminal court case and that criminal trial was held in two thousand  year as per as clearly testified that he was a citizen of the united states there's a dispute about whether the transcript said it said fifty years of should have said fifteen years but in two thousand t five years before the judgment that mr her as a pain in florida there was no doubt in the record that he was a citizen there is no doubt in the record that he had ha judgment should have been given a full faith and credit i think it's important to know that this that this state court judge did not simply ignore his responsibility under the foreign sovereign immunity zone he was well aware of  the two zero seven west law six eight seven zero six eight one judge wilson gave a judgment with an extensive discussion of the foreign sovereign immunit he recognized was required under section sixteen oh wait he he did he did hold that trial there is note there is no transcript of that trial that exists so we cannot know precisely what was put before the court but court did clearly come down and say that mister torres was in was infected by have to see he was injured to the tune of several million dollars humans agencies and instrument ality but even if if that's the case the the standard would be if you can call that early attack whether or not the judgment was void or was constitutionally  repeatedly then the toward the end of the injury did not occur in the united states but we believe that the both tort and the injury does occur in so for these good and i think obvious reasons all they can be no jurisdiction under the foreign sovereign these acts took place in cuba  before the designation and before he became a citizen the analogy to a terrorist putting a bomb on a plane that comes to the united states and lands records lows is really it's entirely clear on the practical concepts and under case that relied upon a bell helicopter that the second court review is a equal judgment which is what we have here on of the second quarter to when when challenged to review the jurisdiction subject matter and personal the first like to also say something about this particular judge they know our standard which is which is required both both by the law of this circuit with i suggest and by florida law and either will suffice make it clear that the evidence that the planning to counsel has relied upon here was not evidence of the scientific evidence the evidence of purposeful injection of privacy and so forth was not a mistake you have no time left but we'll give you two minutes and thank you very much for just as to the last point i don't believe that that is correct both in the state court pleading and in a statement by mr arad as and in medical records that were before the florida supreme court there was extensive evidence of mr her as being injected by drugs and there was also evidence that he had been diagnosed with liver cirrhosis as a result of his have c infection so that that letter point i don't believe is correct mr christie talk about the united states not having an interest in this well that's not the standard under sixteen zero five eight seven you have to have a victim who was a u s national when and the word in the injury occurred and we have that here in addition the u s clearly did have an interest in this for as because as is in there are the records huber released him based on pressure from senators powell senator javits a president carter and the catholic to the alien tort claims act was an error by counsel which the the court then picked up upon however there are a fair you don't necessarily have to look to the label of a statute as in the national air traffic controllers case as long as you have sufficient facts in the rac her that would support the exercise of jurisdiction and we submit that we do