discrimination as opposed to persecution doesn't that put you in a tight spot relative to you know substantial evidence that there's more than one interpretation of where there can be discrimination or persecution it do difficult question i would argue that the standard of review that we have to use according to the supreme court is real tough i understand again this regulation helps meet the regulation states that one is a member of a group against whom there's a pattern of practice the persecution or discrimination because of maybe what exactly what happened to him again the instance he testified to was difficulty finding a doctor who treated his grandfather and that was because they were in do you have anything else or would you care to retain some time to respond  was able to have any consideration for consideration before and assign an officer with the service and so what's what's the evidence that would that we should look at that would go against his position so it would not comp and this was an incident that would rise to the level of prosecutions and in fact it's not because the record clearly indicates that his commission was only threatened virtually on one occasion he was only approached once and this court has previously found that in fact ordinarily threats alone without some other accompanying egregious act but not constitute persecution as intended by the act and this to me she also testified later on that after at some point when he was not home visited him again and told his family that mr needed to bring the guerilla group and threatened him again when he was not there but the record also indicates that the family continues to live in the same house that in fact all of his dealings reside in the same residence and they've had no other problem since that incident where the guerrillas have come more or done any sort is taking any sort of the facts of action against them how many civilians are male i believe two to three sisters and two brothers at the time of the hearing his two brothers remaining in guatemala were thirteen and sixteen comparable to each the respondent or the petitioner was at the time that he was in guatemala and approached by the guerrillas and there have been no incidents as far as the record shows that these other this our society might find discrimination based on even race or religion religion might be the fact that mr mason was not able to attain the ideal education or the ideal job that he sought only right before this court today i know but i'm asking a question but if you were to ask my personal opinion i think it would be very probably positive discrimination because the question is what sort of educational access does the individual have the fact is that in this particular case mr may shape was not so denied or so deprived of a way of living or a way of being able to support himself that there was just no way for him to survive what about their record indicates that he would he have a job his family had a job that he was able to support himself while he was in guatemala it's just that he was not able to feel the pain of particular got that he victim of persecution by nine hundred ninety nine and by the new constitution things may have changed but the country reports suggest that back then he was denied all the things that he says he was there not he couldn't go see doctors he couldn't get school and he was treated badly in the courts because he couldn't speak the language and because he was a member of this group so if you read the country report that way it seems to say that they were not only are discriminated against but persecuted by the indigent just a description that wrong the government were contend that again these foremost populist indigenous language and they've really taken action in order to bring the indigenous people into the mainstream culture for legal terms you're saying that even if he were to conclude that he was a victim of past persecution and  notwithstanding even though he might be in time of a presumption it's dispelled completely by the country reports that show definitively at least as far as we're sitting here and reading this that he's because he doesn't have a well founded fear of persecution in the future because of all the changes that you're well aware