in this case to the board of immigration appeals for a full consideration on the merits of political asylum beholding of removal and relief for the convention against torture in the alternative we would ask this court to grant relief and of the convention against torture which is court has the power to do  as a mandatory form of relief simply stated the board erred as a in finding that mr castillo did not have an objective lead reasonable fear of return in nicaragua it's important understand in this case that we have a and eight then applicants test a phony testimony is if it's believable consistent with and sufficiently detailed suffices to fill a burden of proof when it comes to objectively reasonable fear this court is determined  on that it just simply must have a basis in reality and must neither be irrational nor so speculative or general as to lack credibility now in this case again going back to the matter of why be in the in the immigration court they said this is very important in other words an articulation of fear which we have here coupled with testimony here deemed credible concerning events or circumstances that are plausible in light of known documented terms of eyewitness testimony and documents and in terms of the known country conditions were to be a largely ignored the be a really didn't do its job here your honors because this case could have been resolved in other bases as well but the only ground that issue here is is the fear of jeff to be reasonable basis in reality neither irrational nor speculative ok so in the documentary support we have a testament women an affidavit of an eyewitness to the murder of we know that that police officer issued a threat against the witness say that if you say anything with some the back foot the government wants to use as evidence and the board just kind of dismisses it because nothing ever happened to him well he never disobeyed the order not to say anything the government in their brief once to point to and say well submitting this affidavit in immigration court in support of mr castillo is a way of saying something but immigration proceedings political side are confidential police he filed a police report and wrote a letter to a human rights organization that is actually located in the record at two twenty two into thirty four of my eyes don't deceive me but it's a mere police report even based upon a mere report it is the credible testimony taken as true by the immigration judge and not disturbed on appeal that orlando was being sought by the police they have not yet found him there's been no harm yet but he is under the police are looking for him it is the testimony uncontroverted in deemed as true by the immigration judge in the board that mr do tears when he goes back to nicaragua is duty bound to make an issue of this in the find justice for his brother so if it seems as though well what if he just goes and keeps his mouth shut his testimony is that he would not do that and that testimony was believed that is the record before you that this is not the situation of arlington files or mere report nothing happens but they're still looking for him he would make sure that this case was taken to its conclusion we have a copy of the police report in the record we have a hospital report from the needs whom i know well the brother that was killed was visiting there's all kinds of corroborating evidence reasonable person think that there's a one in ten chance they could be persecuted if they go back and try to find justice for his brother's killer if we look at the we look at the country condition report that was used in this case the  merely points to one incident involving threatening a reporter who is looking into the death of a former contra but there's much much more i mean this was allowed into the record ok significant this is from the u s state department significant human rights abuses occur including unlawful killings by security forces page one sixty one impunity was a widespread problem according to our state department page one sixty one page one sixty two security forces like here this was in two thousand and eleven country report that was at issue in the in the trial security forces killed nine persons during the year for which at least were politically motivated police arbitrarily arrested and detained and tortured for person three of whom were from petitioners hometown that's a page one sixty three on the record there were threats of violence towards the press on page one seventy one and finally there is an impunity for police corruption page one sixty four this is not merely one thread of the journalist this is a this is known country conditions reports known documented conditions constitute objective and subjective parts of the code and meets the burden of proof and remember too for convention against torture relief that we don't need to show any nexus it doesn't matter why he would be persecuted or tortured as long as the government does the torturing here he fears the police the police as an arm of the government the government in the briefing mentions something about like from time to time the government looks in on these kind of cases and that some evidence that they don't have acquiescence but you know you only have to show more than fifty percent and it is the police itself i think if any read the substantial evidence standard that's just standard here no reasonable fact finder who would all the justice by filing a formal police report and we can specifically names the police officer would like to be killed his brother and my family are a part of the government human rights organization the government or nor the police neither of them took any to speak to him does not mean that they are looking to harm him he filed a police report with the police it's entirely reasonable that they would be looking to speak to him and for the marquis look at the police reports and the record on two thirty for the record it provides is the fact that none of the background evidence compels the conclusion that he will be persecuted or harm if he seeks justice for his brother's death the background evidence actually refutes this claim we have in there that in two thousand and eleven is not afraid to seek justice or to pursue complaints against the police and also demonstrated the police does not turn a blind eye to any complaints against the police any investigations of public corruption and importantly the report does not mention one instance of an individual facing persecution or italian from the police for piling on the third factor in support of the agency's determination here is the fact that me gal who's  attention of the police for years after the death of his brother it speculative that it does draw the attention of the police the police will retaliate when they have it rasha it against his brother for taking actions and it's a claim it would require high higher burden of proof which is that it's more likely than not there's nothing in the record that compels either of these four lesions therefore the courts not disturb the agency's finding took action immediately after the threat in this case and the testimony is obviously credible because mr guess you do not apply for asylum believe it only after his brother was killed and he became afraid he did so very shortly thereafter the best that the government can do in this case is say well they haven't found orlando yet orlando father please report in two thousand and twelve it was it was a little bit after the fact and there was the point was that there was no autopsy done these police officers had not been punished to this day asylum until after that he had come here looking for a better life as many immigrants do when when when did he become removeable he was removable before that i think he was already in removal when the killing took place i'm not sure of the exact time but it did there was quite some time conditions page one sixty one the one seventy seven and consider that speculative our own government state department says police impunity is a wide spread problem in the iraq war the fact that some people may have been review removed from time to time for may please the court again just for the record