and one of those is not actually waiving friday he's waving provisions of the paragraph relating to the removal of aliens on the grounds that they were in but but the provisions of the paragraphs relating to remove all of a person who does that don't apply the government's not trying to remove them on that basis is that the cracks of the problem here no no the statu please stop the clock is jeanette in the courtroom yes the i t department is recommending if she comes back in with static she needs to mute her mike and call in the telephone number to continue argument because the d o j is are using the version all right have the phone number ready right away so you can read two or if she needs a yes  well she hasn't come back you think she needs another invitation talking ok i i thought i would call it can you hear me now yes we can hear you now it sounds better than before why don't we proceed and if it doesn't work then ok can you hear me yes we can hear you about distortion now there was a little feedback but let's try this please be sure your microphone is off on the computer so we don't get that double much as she does she doesn't kick out that she lied and softly claims that she was married to united states citizen when she found her application for adjustment of status she can't  showing and it's her burden to show that she meets all of the all of the statutory requirements and so this is the importance of the waiver under section two hundred and twenty seven dollars a one age to herrera case  which would have made her our people to seek this waiver that would not only the ground over move ability but it waived the underlying fraud and so i though she was initially charged under the statutory provision d h out withdrew the charge and drafted solely on crimes involving moral turpitude and the result of withdrawing the ground over movability is that  she can't fix the problem of the fraud that she that she committed in getting her permanent resident status or her pride in the that she committed in the process of being a had not been changed but what i noticed in my preparation for the argument is that on page eighty nine of the administrative record the judge state can withdraw a charge or substitute char substitute a charge or add an additional charge the regulation just states that any time during deportation or removal proceedings so  there is no authority for r the petitioners assertion that once charges stand it can't be withdrawn  and then just to clarify about the waiver under section a one age what language of any one age is the provisions of this paragraph relating to the removal of aliens i think what what my brother counsel said was the provisions of this chapter and that that's not quite what the statute so the statute relates specifically to this paragraph relating to remove all then its removal ground under a one and as it stands right now there is no ground over movability under section a one and so essentially there's nothing for the waiver to waive it's not a free standing waiver or that waived any fraud in an alien immigration history specifically the attorney general can still waive fraud generally is not correct there have to be immigration judges acting as the attorney general and there has there has to be a specific longer anything for the waiver to waive that mr error should be removed and and so you know in connection with its pursuit of its determination that it's not in the interest of the united states for mr herrera her immigration history so if she can't because the fraud odd that at the time of her admission she is not and a person who is lawfully admitted for permanent residence she may have a green misrepresentation granted under this paragraph to operate to waive removal based on grounds of it and miss ability to rackley resulting from such fraud or misrepresentation so so it so i thought maybe you could read it to say and waives the ability to remove her on those grounds but why does it change your stats here are cases that we cited that i'm trying to put my hands on well there in your brief will find them i mean if they are yeah there i think it i think it's a matter matter of guess i mean everybody you're saying that in mr smith was saying that but i get that out of the statutory language are you point to say as it operates to waive remov