raised by some biased yes your honor the misunderstanding alfre petitioner contends one of the effects of that misunderstanding did ultimately lead to the i j a in this case i acting as a non neutral arbiter with bias and also to address the factors of mendez morales this court has held that while expressing remorse for the underlying conduct of the particular conduct for the crime is one way to demonstrate rehabilitation there are other scenarios and in that case i did which i can't think of off the top of my head at the moment there are other ways to express remorse without admitting to the particular conduct of the criminal conviction assume my name is chris christiansen in addition to the areas that the agency committed related alferd the agency committed numerous other legal regulatory and constitutional lawyers as addressing both of the briefs i will be addressing a couple of the most including the billiards will evaluate whether good cause existed in granting the change of venue and the failure to examine all of the other than skin cerny stream hardship and the on even an unfair application of rules of evidence all to the detriment of hernandez's case first in this case eight c f r one thousand three point two states that and i gave me granted a change of venue upon a showing of good cause good causes been interpreted in case law to break down into six factors however in this case d h s s motion for the change event for the change of venue does not contain a single reason as to why the change of venue is proper that most can be counted they are thirteen twenty apply to lots of them additionally when the change of venue was granted from boise to tacoma hernandez lost a statutory right to counsel of his own choosing as laid out in eight us the thirteen sixty two that the case be reopened again in idaho concerning the extreme hardship there are three problems related to extreme hardship first viewed as you fail to consider psychological evaluations of both hernandez's mother and daughter pages of dired of pictures of cards of letters there are many affidavits and declarations talking about the frequent phone calls that hernandez made to his daughter while he was in prison none of and during that time as evidenced in the record there is an abundance of letters telephone calls and yet the i j and the i a completely discounted this evidence in the tune this court held that while the agency mentioned the opinion of two doctors if to mention the opinion of one of them was a psychiatry just that if the two was deported it could potentially lead to long term psychiatric hospitalization in this case both the doctor can tone evaluated opinion but tune that i remember was warranted when they failed to discuss the conclusion that deportation could lead to long term psychiatric hospitalization a reminder is necessary in this case where a psychologist has concluded that deportation the two twelve h waiver can be denied for two equally dispositive reasons one is that the alien failed to establish the requisite extreme hardship to a family member to establish eligibility second in the is a matter of the agency's ultimate discretion supporting them but most of the evidence regarding that mr hernandez was a hard worker came from people who knew him ten years prior when he was a high school student and before he had ever departed i don't recall your honor i know in one of these two cases they turn themselves in in the other they were arrested i don't recall which is which but he was arrested or criminal proceedings began about four months after he returned of united states tim immigration service proceedings even transferred from state custody united ho to t h s custody in tacoma and so at that point he had only been working for in the united states for about three or four months out of the previous six years his mother and daughter largely that they didn't get too much credit because he had been out of the country for six years without supporting his mother or daughter and he had been in jail for three years of leave without supporting his mother or daughter as for the relief as a matter of discretion to what they truly feel is he's giving the alien permission to become of a lawful permanent resident united states and it seems that if someone is willing to ignore of this country for six years that seems perfectly reasonable for the immigration judge to determine if you do not merit a grant of twelve h relief which would give them again permanent residence in the country in such circumstances versus the united states this court stated that decisions that violate the constitution cannot be discretionary and so claims that constitutional violations are not barred by twelve fifty two age to be your honour's the government cites to twelve fifty two