withholding and relief under the convention against torture he filed a motion to reopen with the board of immigration appeals which is the appeal of which is before you today in the government brief the government  that it is similar to marty and i had some proof the government characterized the father's letter to him saying don't come back because you're supporting us basically but if the court doesn't mind i'm going to read an excerpt from the father's letter especially after what happened in america for lebanon september it's getting worse in political economical and social positions all over the country especially now this last december where more kidnappings in confrontations between government and it increased in very much gary way because the government is attacking suspected terrorist places tribes are very angry making confrontations with the government army and killing and kidnapping innocent people who support the government or support american plans or presence here and i warn you very much for coming back to country to help me in any way that's a different letter than what the government  he has been working with another agency that this morning to the lawyers from the government and it would be most probable neutral people and neutral as we have seen in our country become weaponized things that you don't think are going to become weapons like planes become weapons in our country and all over the world that as grounds for but i don't understand anything in the law that requires that the we should use that fact as grounds for ordering b i hate to reconsider its decision to reopen this matter on asylum but it sounds like you might be able doubt in my own mind that if he were flown to yemen he would be killed within a week there's no doubt in my mind and i as you know i've done hundreds of these cases and i don't feel as strongly that all of them this man will be killed when he yemen tortured and killed no doubt because it was the filiation in this country now when he was growing up in yemen he was brought up by christian woman his mother brought him to a christian yemen it's about this father reporting that the situation in yemen in stratton it's out of control of the tribes of fighting with each other the government is unable to control terrorism and it's really quite dangerous and strife terrorism and lawlessness in yemen the government it's not able to control the terrorist elements in that country which has given rise to horrific events in this country and in yemen itself against this country due to a lack of due diligence in pursuing relief that that's different from saying we're going to deny the motion to reopen this that this is saying even if we were going to grant the motion to reopen we would still deny you relief because you haven't been was not really part of the statute that ninety day limitation at that point in time that's why you know it wasn't limited to ninety days you could have had a longer time to reopen the convention against the respondent believes that the decision can still be considered by the court however it still has the power to affirm the ice denial of the from yemen and that the tribes have now become quite militant against westernized people if you will in united states he's become very westernized i don't know where they're morsels since he was earlier have but he says these are the changed conditions and i suspect the government could say well ok those are the changed conditions but that the i a e a spared he still has not presented a prime aphasia case for asylum possible basis for asylum his changing personal circumstances most particularly his physical changes to knock constitute change circumstances arising in the country of nationality you know you  emphasis on the wrong point and that there is evidence in a manner to suggest that the father described a dangerous situation and she wants to own reopening to have an opportunity to present it and then they say but you're not convinced he's made out of privatization case for eligibility and that it may be that might be a legitimate finding but they don't discuss the things that you've been the july with a motion to reopen and this court obviously has the power to review the record to decide whether or not the board's decision  supported by the evidence in the record a lot of terrorism in their government changes because there's a lot of tension as to who is going to control the government use the term the iraqis here what i thought you were going to say last year he's been hiding he took three years he didn't do it the record shows why he