for the fact that he fell thirty days late in the other party there are no exceptional circumstances explain failure to file a case in place and has a bad result for your client well there's an exceptional respectfully there's an exceptional circumstances in another don't know but in that case where the individuals or to remove in absentia and he was other or otherwise eligible for relief they found that to be an exceptional circumstance that's analogous to this situation where it was it was dealing with individuals who failed to show for their hearing the court ruled that they could have was a valid excuse for not showing up the government had removed well that the the crux of the court's decision wasn't that miscues for failing to show but it was whether or not it caused any prejudice on the government and whether or not if the individuals want to remove the consequences would be unconscionable and i was saying that every time there's a late extremely unusual hardship now that my change is not that i have an l t r wife but he didn't do that she natural and then within thirty days of the board's decision his wife naturalized she had noticed before she appeared and right now there's been no allegation it hasn't been exhausted and there's nothing in the record to indicate when the communications took place he may simply have not told his lawyer the responsibility and whether point is on the record here he had the ability to move to reopen within the time for voluntary departure he certainly had time to move to reopen within the ninety days in his brief to the board which i really don't understand he says in family no no your honor because well then we are separate from many reasons first of all this is not a moral judgment but first of all he was not married to the mother of their children until about my pointing it out because of the fact that that wouldn't have been well you're right it wouldn't i was thinking of family separation and then he wouldn't the separated from his wife so that would nothing legally a family unity issue but the answer is yes have you believe  the solution under the law is that his children will have to leave the country if they want to have a father  that is the only one i made a mistake and i really do apologize ok so let's i mean i do have a question for the government i know that the department of homeland security has been entering into mediation on some of these cases and i'm just wondering why this isn't a candidate for that because i mean if there was a finding good moral character a good get on terry departure he does have for us is that children a u s citizen mike and his father's a lawful permanent resident and he takes care of his father i'm just wondering why you had it and all and he's going to be deported and the ineligible to come back for ten years all because of a one month delay in filing a motion to reopen he seems to me this is a case where maybe the department might want to look at a little more carefully and see if there's a better the children will grow up without a father or american children have to leave the country that's a pretty high price for a mistake now that maybe the law but that doesn't prevent the government from acting decently what should wardle asked and i have understood that as a general policy and these are just one of service cases that the government was willing to enter into mediation that they were doing i think your honor is addressing the cases in which department of homeland marl you didn't want to talk about marla but it would really be a moral of france to break up the family because this man made the mistake you that may be the law but it's not a requirement for the what are the inexorable legal you know it's really not mere interest to ask for voluntary departure because you've got a very short period to exercise your rights and when you don't do it you're in terrible trouble and so be careful about asking the government for a favor because you know days as you know to move to reopen you get voluntary departure and according to the government you don't have thirty days i think to shorten your time too far and you may not have sam that you know not all the lawyers who practice in this field  open time yeah no no with within the voluntary departure period what we said is you don't have to ask for staying there filing is enough because the government said even if you file if you haven't also asked is their job here are they paying taxes that are u s citizen children otherwise going on welfare or something and we just don't know enough about this family that maybe you could look into it i believe the mediation process