in this case your honour's the immigration judge in the agency throw everything the kitchen sink the used car whatever you want to call it against petitioner just to paint him is not credible to put this case in perspective you have a person coming from china with the highest level of education being middle school he has to recall events from five to eleven years prior to his hearing he's on the stand for three plus hours the wife is there to testify on his behalf she's on the stand for about an hour an hour and a half to get a four and a half hour hearing where you have the agency the judge hammering this person for small details on a case that's pretty simple the simple facts are the following the wife had to force the borson when in two thousand and two when in two thousand and six after the two thousand and six forced abortion she was too weak for sterilizations the government said the chinese government said to petitioner we're going to sterilize you those are the facts he flees to the united states he his case i would say judge it was a resistance to to the one child policy family planning a situation where he had to injure her mindset or days or years of pressure from the government regarding the one child policy also that his wife underwent two forced abortions and he tried to resist you know as much as you could it wasn't physical but it was in a lot of different ways so we find out as the past persecution but the bigger one is the well founded fear because they were good they are going to sterilize and he goes back to china that's that's what he's afraid of more put it in sequence that was well he had one child who turned out to be thousand and six they discover that she has the she's pregnant the government tries to convince her to get the abortion because there was no permission given for the second child that was one of the issues too they said well the judge said you know it doesn't make sense for us you say that you know you can ask the question could you get a second child but it sure did no so he was found to be not credible based on that reason alone but he he tell him you will get the sterilization from that point on he realizes he has to leave china and he does so by two thousand and seven the second abortion by the second abortion correct this is the one  where she fell down the stairs correct that was that the whole correct when they're not of the house yes who she fell down stairs broken arm correct and i was quite clear what she unconscious no they they it doesn't apparently wasn't she she ends up i believe they tell her you know i'm not mistaken i don't believe she's in conscious but she clear because it seems that the judge didn't believe it right because what happened was they they focused on the issue of the statements to the biggest part of the the credibility issue was that the statements were different two thousand and eight statement in two thousand and eleven statement there was also an issue of there was also an issue of the crop aeration i mean she was there to testify in person as to what happened and the judge just didn't believe her and she submitted documents of the broke the prone fracture and the broken nerve jews in the house who three months that is correct so so  that part of the thing was the judge said well you your medical document didn't mention anything about the abortion also she said she testified that well i had like high blood pressure i had heart problems and then she said well why did they i just said well why didn't you mention what is in the document mentioning about high blood pressure or you know heart problems and why isn't the abortion mentioned in the documents of fox was a bone fracture and broke a nerve so that's that's all she had besides she was also there in person to testify so that so basically that the judge did not believe the petitioners testimony didn't believe her testimony didn't believe her documents were sufficient or as to what the judge thought would have been sufficient for a medical document from china based but she experienced well who says you would argue documents are pretty hard to get in china and that's the thing i mean we the the judge basically at the end was an hour of questioning so much she that you can see that the white is tired and the judge gives that has to her well why isn't the heart problem mentioned on your doctor why isn't this problem why isn't the problem who paid for your medical records who paid for your medical exam and she's like you know what i don't remember everything i have some memorization issues i have brain problems i'm sorry it's all of this is going on with translation right the translation i think is not the details of what occurred and she was in the hospital for three months there must have been something in what judge they also focus on the statements i mean they they say that the statements were different actually spend more time on the on the fact has recognized the real id act instituted a highly permissive standard for adverse credibility determinations such determinations are therefore viewed under a highly deferential standard and would be upset only under extraordinary circumstances miss ya were not credible witnesses your honor but in response to your earlier question miss yes miss ya did testify that she was unconscious after she fell down at the hospital during that two thousand and six abortion and that when she regained consciousness she realized that she had had an abortion she it was some inconsistent testimony whether or not a doctor informs her of that as well but she said that she was able to decipher that from the fact of her two thousand reasons first and foremost was the demeanor of miss yeah how the immigration judge noted that she became increasingly uncomfortable while she was answering questions that her responsiveness diminished and she by herself acknowledged that she had memorization problems and that sometimes her mind went totally blank your honor i think what's important that your honor pointed out earlier is that this case is actually focusing on whether or not mr yang has a well founded fear future persecution in china your honor and here mr  country conditions report that some provinces to take more aggressive means of enforcing or had taken more aggressive means in enforcing china's one child policy donna i know this is very different province and we normally see that making a difference in the family planning officials were doing mr yang initially testified that he was afraid to go home and that he was therefore staying at friends and family's houses and that there was no indication in his test and national testimony or his original two thousand and eight written statement  he in fact encountered these family planning officials he then changed his story to indicate that on certain occasions he did go home for a day or half a day and that during these occasions he did encounter the family planning officials but he was able to convince them not how much time one minute you're honest this as a statement issue he told the asylum officer what happened to him and that he was being approached by the  mended his application based on this testimony with the asylum office he's a lot to do that support and no one ever challenge him in court this is during cross examination where the t s a asked him you know about the asylum office he said yes i told the sound officer these individuals are looking for me so he does a minute his application is not the consistency between the two statements that he's allowed to mend his application for court as to the other issues most of the statements that he said judge were credible and we would ask that the court find it was credible and remained it to the court for further fac