's no no one disputes that congress can create a crime with an element of ailing age that prosecutors and judges can't use that element to treat people differently during their criminal proceedings and because that's what happened here you can i can ask you a quick question on this so as i understand it some of the petty offenses are like too many tickets in for example parker speeding in a federal property right correct if  citizen guy had one of those offenses occur are you maintaining they wouldn't be on the p b s and stock it or they would i know i don't know your honor because frankly there is no tracking of citizenship have any evidence to the contrary going through i don't know ok go ahead i'm sorry that's life and engines on that point your honor you know there is no tracking of the citizenship status of people who are in the payphones court versus the regular court who have been charged petty offenses and so because those statistics are impossible to get they aren't available something like that would not defeat our equal protection claim under this court's decision and sours so i'll go ahead and continue your responses that you're on a st of all it's not congress doing the disparate treatment here it's the court and prosecutors know that why can't the horde and prosecutors draw that distinction given that the statute congress has given them well and they make a decision that illegal border crossing is going to be handled separately because of the high volume coupled with the fact that if it's a serious problem certainly treat it as a serious problem your honor but they can't use a protected class to treat people differently during a criminal proceeding the fact that congress can make it a crime to make a limited element of  doesn't mean that people get treated differently during the prosecution of that offense and that goes back to the supreme court's decision and long when and in that case the supreme court said yes congress can make it a crime for people a person a non citizen to the united states without an awful status but that is different than saying that a person can be treated differently in the course of those criminal proceedings for instance by not having the right to a jury trial or some other due process or equal protection basis is drug possession on federal property let's say they say for that we're going to give diversion which often happens in many districts do they have to do it interchange twenty five dollars as well in that district if they're going to offer to judge collins questions that because it has an element of this you have to treated a certain way no matter what so it actually puts one thousand three hundred and twenty five on life a heightened protection like they get everything anyone could possibly get even if we offer drug possession diversion but we don't offer i don't know we offer marijuana diversion but not cocaine for example or whatever cocaine diversion but not marijuana for whatever reason i don't believe all we're asking is that people with alien age be treated the same as other people charged with similarly serious crimes now for instance take three thousand and twenty six dollars we're not making an equal claim the protection claim there because people charged with an element of defense with an element of alien age are treated similarly to other felons all we're asking for is that people be treated to the same and with the same procedures that citizens are and with your  internationally or with the supreme court has that over and over again that the constitution does not require a few things that are different to be treated in laws of the same and so even though we have a misdemeanor illegal entry i mean an alternative would be i suppose to you know if for the sake of border patrol agent came upon somebody who was undocumented and eerie you could just issue that person a citation and process them through the c v can you just like all other class bemis the meters or less or process but i guess that's why i thought you were going to say that there is something different about the people who commit this particular offense as a class that justifies treating them differently perhaps because i don't know it makes no sense to give somebody a citation and to tell them to show up at a future court hearing when you know the vast majority of them don't have perhaps apart from an address the united states and that's why we need to arrest them and it and if they're going to be released at least have some kind of on condition imposed robert the typical you know ticket person who gets a ticket for speeding isn't that cute that's what that's the difference i thought you were going to try but you is actually about almost ten percent lower intended and support that it is for people on vine and in fact when people don't show up for a pet offense for the government doesn't do anything about it they don't send one someone out they don't arrest them they don't do anything so any you know benefits gained from having someone's address or driver's license or anything like that doesn't do them any good because they don't actually enforce these offenses in fact in twelve percent of cases even want to person it's a petty offense for doesn't show be because that would seem to suggest that the government would be rightly wary in the context of alien enough for us to be in the country that they won't show up though i'm scarred and that's not a good process given the statistic he just signed of and therefore there needs to be a different process it's intercut the other way as i would disagree your honor because i think that the government is operating on the stereotype that people don't show up for their court because they were charge of this particular offense but the statistics don't show that out in case that means that they actually show that people do shell out seventy five percent of the time and in fact if you look at his ideology he got it because they're not in she showing up all we have are the statistics that basically show that you can't judge whether someone is going to show up or not based on their alien age and that's the point here is that the government is assuming that because someone is an alien that they want shot and the statistics simply don't show that out in fact all we need to do is look at this ideology and mr villas themselves they showed up eight out of nine times the only time they didn't show up is when they were in a car accident on the wage they're hearing and that's ok very good thank you very much for your argument because just argued is submitted