in two thousand mr darrow was convicted of delivery of cocaine under the rock revised code of washington subsequently the department of homeland security initiated removal proceedings of those applications for relief i think i'll stop now there was a final order of removal first up mr barrett could self deport he could if you could find any country that would accept him including italy he could go there without the government's intervention that would end the matter he could go to the italian consulate tomorrow and get travel citizen then the department of homeland security will go to the third and fourth steps of the steps for determining the country of removal the third step would likely be italy because it's the country of his birth and some other factors and the fourth step is kind of a catchall where if you know what country in the first three steps can be found do you just can remove an alien to any country that is willing to accept him as an inquiry the need to ethiopia they don't bother trying to make that inquiry at that time they wait until usually the practice as i understand it is once there's a final order just will give the individual thirty days to deport himself and after that time they will send him a letter was required to do that it's a discretionary action but more importantly the designation is is more of an administrative tools than a legal right it is just to it and it a way to advise the immigrant of the potential protection from removal to that country if he fears persecution there so it's not like you will be sent to just country where he may be harmed without his ability to release the protection from that really i don't have specific cite your honor for the reg going to some more complex issues which at this point are not before the court there are somebody like you know you know we're dealing with someone's life and i understand there actually we'd like to know what's going to happen this person who has lived here for how to hear the question your honor if no country would accept him i am not exactly sure what would happen if he would remain in the united states and i'm imagining c h s would continue to keep trying to find a country that would accept  withholding claim mr there is withholding claim was denied for two reasons it to alternative reasons to first was that he the immigration judge found that he'd be convicted of a particularly serious crime because the crime was a sentence of less than five years it's it's necessarily discretionary determination to determine that it was a particularly serious crime in the alternative it was denied on the merits and this is where the with the alternative merits both holding and cat kind of international here and the court la has given this court jurisdiction over questions of law and constitutional claims however whether mr adair established that it was more likely than not that he was eligible for cap pulling your leg i recreate it well i also just want to point out that mr adair can always go to the italian consulate and see if there's any reason to let him relocate there what is the record indication that they've suffered adverse effects from being there well we have a history here of missionaries but we have we have a history in this case document that african american that the immigration judge in reaching that conclusion made a generalized analysis not a case by case analysis as he is required to do under a three d versus consolidation because he applied the wrong eagle this court can review his particularly serious crime determination or decision we believe that that determination or decision of the immigration judge was faulty in this case mr herrick comes from an extremely politically active family several of his uncles and his father were instrumental in the formation of the ethiopian democratic union and it's mr dare's concern that because completed a course in fact being delegation air conditioning system