when you're not talking about just knowingly accepting a voluntary departure being excluded going away you're saying he's got to know all the consequences including the fact that he's going to live the rest of his wife  the court david down armor on behalf of the respondent the attorney general this court to deny this petition for you for two reasons first the petitioner did not raise the any as you asked and voluntar four he never claimed otherwise before the immigration judge he never claimed otherwise before the board and therefore the evidence of record is substantial in that he said he accepted voluntary departure at that time if he were to choose to do so he would have been issued an order to show cause and he would have entered formal proceedings and then he would have had to show that he had some right where release available to him at that time he had only been in the country for three years suspension of deportation required that he be in the country for seven years so he wasn't that and that relief which proceed example ational removal was not availed tool available to him at that time ask extra question by the drug ok so when you say you would the ported you were not ordered the ported but they took you to mexico if it's a voluntary departure when you look at the the whole facts of the case the fact that he acts he has cancellation application admitted that he voluntarily to party and he was he last first quote pursuant to a grant a voluntary departure  when you look at the fact that he's represented by counsel during the summer when they took him out and said goodbye that's not a voluntary departure is a voluntary departure is when they let the person go by himself removed by the agency in certain instances where an alien is already under in custody of the ins he's given a choice before proceedings what does he want to do do you want to enter formal his cancellation application a page fifty one fifty two of the record your honor he checks first of all he checks the box next to the question have you ever departed pursuant to a grant a volunteer voluntary departure he checks that ye then on this next page after that he types in an attachment to the form that in one thousand nine hundred four he was granted voluntary departure from chino california two to mexico so based on that and the fact that his counsel never raised any argument that hey this wasn't a real voluntary departure this was my client was vamoose will my client didn't wasn't told of his rights before he departed all that that found so argues before the immigration  like i should be given a hearing because it's arguable whether matter of all mollie's that is the board's decision in this case finding that voluntary departures are breaking presence he should be allowed to argue whether that decision was right or wrong he's  essentially was attacking the concept that a voluntary departure was a break in presence but as we know this court is held in vazquez lopez that a voluntary departure is a break in presence he never made any allegations that his his voluntary formal in the record that shows that he was told anything about his right regarding this this administrative voluntary departure is really a fault to be placed on the petitioner of self he never raised any issue as to whether that voluntary departure was proper or not while he was before the immigration judge voluntary departure and there was no reason for the service to follow up with a filing of say and i twenty six which would be the election form for voluntary departure or anything like that i would also respond departure i was tricked they told me to sign this form and that if i went back outside the united states and came back in i would i would be able to apply for some type of relief and when i tried to do that then they told me i was wrong so there was some there was some allegation before the immigration judge that there was a that that the voluntary departure was not voluntary in any respect and was actually the the alien was misled into leaving in tapia the the the petitioner argued that he was improperly just turned around at the border and sent back with no process at all whereas in this case we have no facts like that and what happens is if the service  picks up several aliens journeyings a sweep of the place of employment it's not uncommon that they would be given this form they would all face this fork in the road they would have to choose a formal process or voluntary departure if they choose voluntary departure it's also not uncommon that they would all be sent back across the border by the ins they would not just be released back into the united states and given a few days to to thirty days to to in these proceedings and i'm not sure as to the total that the content of that form in toto whether it contains any language with respect to the break in continuous physical presence but really what what the court