next case the preliminary injunction did the work of a permanent injunction if you will it did the work that the each applicant sought that the ministry of the note or the record in minnesota record would've been used in the case became moot but the relief that determination was decided in favor of the government and that's why we're the prevailing party and the sisters are not being out of custody for any period of time is significant in anything if they're out of custody because of their removal operations were deemed to position either you're the prevailing party or you're not preventing party person your perspective you are the prevailing party judge the humus mentioned enough with us to pick a target natural resources case makes it very clear that if relief is granted in some portion of the claim and a party prevails on that even though they don't prevail on the rest of the claim there can be relief i do appreciate your helping certainly me understand the government's position with respect to this detention issue spent touched on my my colleagues but i mean the reality is if the government or you are you saying that they didn't accomplish anything there is that because you can go back and pick them up at any time in effect nothing happens there is no basis for a crime there is no judicial stamp on anything that they have received or on that is part of that but can an analysis there must be some judicial stamp on what they will see in the detention relief that they judge has mentioned the issue it is you know based on survey to us that these folks have been in detention and you didn't seek a class action and you didn't seek an injunction that somebody brought a hideous corpus actually and i've been in detention for more than six months if you couldn't do that in this sense there were ongoing negotiations between the u s government and the foreign government and they didn't seem to have any through which it seemed to have any outcome but in this regard in somalia there was an ongoing move operational people were being you're saying that that is of a just doesn't apply here based upon that on that he is playing for the detention because there was an ongoing removal operation at the time therefore the case is distinguishable right that's correct from the end until we were point if the government chooses to do so it can initiate the operation again therefore nothing has really been accomplished by the position or in this case that's pressure i was or th matter is we're talking about who the for encroach prevailing party is you can't be a prevailing party on an issue that was reversed by the united states supreme court now but i want to be sure i understand whether you're really looking for an all or nothing deal as well because you may have some argument with respect to the detention but at least i would think you would have a few people interested in listening to an argument that you prevailed on the class action on the injunction even though it was in place for a time because  clear that getting the stay of deportation and along with the release from the tension and while the underlying merits be heard it is enough to come for failing party status and carbonell specifically says it doesn't matter what happens in the underlying a court order to change the relationship between the parties friends or mister right and that's true so why why is it why does that work in this context where effectively you know the club the class action the government could pick up your clients and deport them i think it's hard time and i second that legally is there an order in effect right now from the district court or anywhere else that would bar them from doing that  effect they're out of they're out of detention not because of an order but because the government chooses not to pick them up probably because they can't get them there they're not in somalia today because of what was accomplish the detention action they're out of detention not because of the truth court order or a change in a legal relationship but rather because of the decision on the part of the government not to pick them up  also have the opportunity if somebody gets prevailing party status to show that they are litigation processional substantially justify that argument has been this case isn't a unique procedural posture but i do think has a petition them brought later or held in advance that there are still a significant issues of the stay of the parties and are released from detention and i think getting that stay to be heard and in court is a right that supreme by the supreme court in the collateral cases in the john mccain with respect to sending this case back to the district court i think the question of lawyers an important one calls out for appellate resolution i think you have  district court and collateral finally collateral post judgment issues that impact on the government's removal of phrases to somalia lack the judicial stamp this required by buckhannon again what the government of the department homeland security does with respect to