hard standards when it reviewed his case resulting in a removal order for a father of five u s citizen children who had lived in the united states for twenty five years i would argue that the court's decision should be reversed for two reasons first the the simple battery or the the simple battery or the interruption physical presence that's mistrust exhaust due process he does it in the context of the controlled substance offense and if we look at seven of the record about seven to eight lines down and then again at once thirteen to fourteen we can see that he does this quite clearly he says that the immigration judges drastic decision to deport him was because of a drug and your honor if we look at the record we can see that the immigration judge did find that due process by failing to develop the record and to ask and shoot his mistress lie he doesn't tell mistress not have any anything really he doesn't tell much requirements are cancellation he doesn't tell him that he needs to get this criminal records to see if you really has a conviction he doesn't tell him that he needs to get his immigration records to see if he has the kind of voluntary departure that would interrupt his continuous  so despite the fact that there is an official record on page one o six of the f b i sheet which states that the call that the conviction is under section two forty two this results in the and less are additional aggravating circumstances to the statutory offense the only way the court can look past the record of conviction to add additional aggravating elements is if it can apply the modified categorical approach s children one of the children has asthma and the other has hypertension and these children have written letters of support where one states on page eleven of the record i can't do it no more i'm just in so much pain i wish you were here then why would we send it back if we agree with counsel on the batteries you're on you would only send it back you don't sit back to go to the board if you disagreed with my arguments regarding the voluntary departure and the  government arguing then that we should deny and we man or simply we man what are you asking this court to do the government's argument man unless the cork rejects my arguments that in fact rejects the government's arguments that he did not salvage ten years continuous presence and does not have the disqualifying controlled substance conviction so on the voluntary departure  we have his testimony that he signed the form a last country did we have the form in the record the form is not in the record your honor and that's not a problem in this case because of course it would be better if it were in the record but because this is  if there are no further questions from the panel no further questions thank you kelso thank you we have some reason rebutt various points in the record that mistress maya is trying desperately to tell the judge that he doesn't have a conviction and he says i completed my program i did everything they asked me i'm having trouble getting the documents i can't get a phone call if i can get a phone call i can get th testimony there's no mention board's decision of his testimony that he pled guilty under a state counterpart and and that's clearly relevant he testifies to it over and over again through the course of the proceedings the immigration on to second your hon