how is your shoulder feel well after one surgery and another schedule your honor i don't feel too good thank you randy are you in pain all the time you argue i can argue are trying to just take your lady more i am content to submit on the issues for the issue of credibility of my client the one issue that i would like to address the court  basically in the administrative transcripts pages ninety six to ninety eight i believe were lax probably any new attorney who had never before argued in front of an immigration judge this comes with court procedure the issue of ineffective assistance was not raised to the board of immigration appeals because the trial attorney was the attorney on appeal to the b i i therefore would argue that administrative remedies were foreclosed because the ninety day period in which a motion to reopen must be submitted to t the client came to me just a few days before the thirty days were up to file a petition for review with the ninth circuit i did not have the record to review the first time i saw the record was when i received the  course was with the ninth circuit if you view the transcript you'll see a client who did not really understand what his attorney was talking about one of the basic functions in immigration practice when you are at the level of the immigration judge is how to prepare your client for a voluntary departure it is a entry this was probably a case of that nature i'm arguing that the attorney should have prepared her client what was voluntary departure he was clearly a great ass comes across in the colloquy by basically saying i'm a poor cook i don't really i'm not i don't have a job now i don't really have any money now i think he thought by accepting voluntary departure he was relinquishing his claim for prevent you from filing an appeal with the board of immigration appeals it's clear that this was not done in the instant case and the client was caught between two things his understanding misunderstanding of the situation and the fact that he might have to put up a five hundred dollars not being in not being aware that he could borrow it from friends even if he was not currently employed so what this attorney should have done was i feel take time out before to compare her to appear the client she was preparing them on the fly this boat so to speak she admitted to the immigration does that she had never done preparation for voluntary departure before and indeed requested the insistence of the judge  the judge perhaps tried to help but really could not take over the role of the trial counsel herself so this is the situation that mr khan finds himself and i'm counsel even if we agreed that we could override the exhaustion where would we get power to grant your client voluntary departure in light of section twelve twenty nine well i'm requesting that you are man's it back to the judge to consider the she could have made that decision but at least mr khan would have a more realistic second chance that the this distinct advantage you know what i'm suggesting is when the immigration judge not hear the issue because it's too late to to read  and i don't believe that mr kahn has anything to contend that he was in fact lying when he admitted to the immigration judge that he did not have the money to obtain a plane ticket if you look at the record the immigration judge noted that that at age forty six that mr khan did not have a valid travel document he stated unequivocally before the immigration judge that he did not have the money to pay for departure and then she also found that he therefore didn't also didn't deserve discretionary grant because he failed to credi her adverse credibility finding and that finding her viewed under the highly deferential substantial evidence standard cannot be reversed by this court unless mr khan is present evidence that is so compelling that no reasonable although the brief doesn't necessarily cite specific instances are it doesn't necessarily cite it wealth of specific instances in the record there are in fact there are in fact instances of inconsistent testimony discrepanc