who is the wife of a u s citizen and chief petty officer ronald bonner who is now a nineteen year veteran of the u s navy and also the mother of their two philippine born children who the government has admitted to permanent residence and are now u s citizens for the transportation of her children to the united states the u s government does she came in via the military air in the command with the mou and he would be eligible for section three twenty nine naturalization service in both persian gulf war and the war against terrorism for some to section three twenty nine of the act they can't touch him it would be a void out there any suggestion in the record she participated in any way he and his preparation it is in the true naturalization application no your honor laws misplaced we simply asked that the board be instructed to follow the law ok if you're from the government the government did pay for it it was due to the explosion as i understand of a volcano in the philippines when she was paroled incident ited states she was given the opportunity to apply for adjustment of status for the district director of the i in at that application was never pursued never adjudicated and apparently have no intention of ever pursuing because it would be futile for the reasons counsel i'm not quite sure i understand that i'm not quite sure that's the basis of her being placed into removal proceedings has to do with the fact that she was inadmissible when she arrived because she had no papers her parole had been revoked what happened with the investment of status application w clear on that you're opposing counsel cited in the twenty june letter about a month ago to first circuit cases i think they're both written by judge lynch sukar and rodriguez  why shouldn't we adopt them recently well there are a couple of reasons first of all she has never claims she claimed that she wasn't writing alien because she didn't fit within the definition of an arriving aliens clearly does she never claimed that the right the government was relying upon her counsel statement at the hearing that she was in iran i think she also if you what that is true that that's correct larry also falls within the definition of an arriving ilian at  the response is that both of those cases dealt with the aliens who are currently under grants of parole and if you read those decisions they are focused solely on the regulation as it applies to aliens who have been who are in parole she and the important because the first circuits decisions rely entirely on the fact that the aliens in those cases were in parole and that the statute issue those that the adjustment of presumably the reason she was removed from the philippines in the first place is disappear and her parole had been revoked in one thousand nine hundred one so she had eight years to go back and she didn't paroled there has there's a d on it past tense so you remain eligible if you were inspected which she was and paroled which she was the expiration of  one everyone agrees now the board of immigration appeals on page one of the decision treats or as an arriving alien of her only who notionally isn't here on page two we applied ok she's not here she's an applicant at the border you have the authority to wait nonimmigrant thesis congress make the  a then do you call me and consistent with the previous page i say she's not an alien who's departed the united states i would submit either she's here or she's not and we have two