has and incredibly each one of them has been the night of for no bond at all they haven't even sort of bond they last time that he went the i was substitute counsel and a new counsel had a prolonged bond hearing did an incredible job i thought it was still denied and it's on appeal that bond decision even to the point worthy counsel was going to enroll him into an intensive alcohol related counseling with wood which is normally something i don't i don't go to that extreme but the family felt they needed another he's been separated his wife and fifteen oh man and he has been separated out three years he's been here since the age of fifteen he went to school here and graduated with honors he or a jail sentence and the monetary punishment has often been a punishment for criminal activity a right but it's not a misdemeanor a felony right yet it's not a best of and the fact that it's monetary punishment and not necessarily jail time doesn't make it not punishment right but there but when you use the term infraction they're they're talking about something that is that is not traditionally a restraint in the terms of a conviction under under traditional common law the reason they plead to an infraction is is not to have the disability of something termed a conviction for a crime when somebody is record that's that's what they have as the california law on hold on that was such and seventeen of the penal code and they some offices such as petty theft have something called infraction petty theft and what i want to section seventeen say that if the charge that could be a misdemeanor could be know it's one of those tickets things so arm and also interestingly both sides are coming to the conclusion it's it's an infraction and also the amount is is is and updates on the law if he leaves the country to get his visa he needs to have a waiver a lawful process to get back so what used to happen is that he would have to leave the country and wait for that waiver now you can you can you can stay stateside and get the waiver pre approved before you leave to be sure it is a prob so you don't leave without it not being a  would be able to qualify and get it however being in custody and being in proceedings it won't finalize the waiver he would have to get out of custody to qualify and then to go back if he gets approved and seek  conviction i don't believe that it's been disputed that it's a conviction it's simply disputed whether or not it because it's a crime i guess if the infraction would fall under as a as a criminal offense that's been the bigges to the board also would indicate that you would look under whether or not is a crime by taking a look at how with the prosecuting jurisdiction treats that offense and here the prosecutors to action is california and they do in specifically identify it as well  there has been california case law where it is specifically indicated that possession under this eleven three five seven b while being a minor offense itself remains a crime so based on that there is the person here in this case issued a ticket was required to appear in court and was required to receive was required to perform community service in this as a result of this infraction and i understand the term infraction generally is related to traffic tickets and things of the like however in this instance the infractions in this case the eleven thirty five seven b california courts have rendered have deemed it a crime and there is a formal judgement of guilt in the fact that  to have committed the offense he was ticketed for and then required to serve community service i believe that's a formal adjudication so as to render it render immigration consequences from that infraction and the second being infraction for possession of a controlled substance