legalization one single really is divided into two stages and one is that the person will qualify and be granted temporary residence status first and then adjust status are few months later finally terminated whether properly or improperly then why isn't that just positive i'm just having a hard time understanding this i understand your honor if a person wants to adjust status and legalization they cannot half that there was a light up heel and therefore his term temporary status terminated doesn't dispose of your legal sanction argument well we also believe that the temporary residen our position has been is that they are both a lawful permanent residence denial and a temporary residence terminations are part of in capsulated with the same issue it's viewed as the issue is how are the convictions how many convictions those we have and how are the convictions view it's in up as we're in a position where it all it's the same basis if the court does find that  but the basis for the temporary residence that is is also the same basis aster the governments of the time of the governments we received the second part of the ministry of record i am time i think which at the time of the government's motion at some of the governments brief we receive the rest of the ministry of record and that he had his temporary status and then for some reason in the service started remove all proceedings based upon what he claimed to have been  with this case being the same posture is it is now or does the fact that he applied for an adjustment of status and was denied that adjustment and whether he failed to appear feel or not is a separate issue with the fact that he assuming that his temporary permanent resident status gave him that's that is that time if i can just backtrack he would have been put into deportation because he did have a status some status some admission he was charged under section two thirty seven of the immigration and nationality act which is eight u s c section twelve twenty seven and that you parking and that's deportation if he was extra under the old rules excludable he would have been charge hypothetical someone that was denied legalization in one thousand nine hundred eighty two and the government did not put them in the proceedings until two thousand and four would they be getting the review today whereas if they'd been put in the proceedings right away they would have an exclusion you have an opinion on that i do even though it's not this case what i understand you want to question answered i would say this i don't think it's unclear where the congress wanted more review for someone just because they were quitting proceedings later if they were still excludable so i think we at least for this case because the third the  as the court noted that it was not raising the briefs about the untimely filing of the appeal of the temporary resident status which i think is the crux of the case because if we do away with that if you can't you can't be a permanent resident if you work temporary an attorney status with what the earlier you said at the time was look we've got one you've got these other two we don't really know what's going on here it's your burden to show it to us and he didn't do that when you brought in every conceivable record that w worker page forty eight the that's probably the clearest trying to figure out all these different convictions and violations are it goes through and what's clear is that the ones that the the original terminations relied on on this part of the merits question turns out you almost have to look at the two differently you opinions that make sense and look at both a little breeze to figure out what the actual violation convictions are that why he had a burden to show what exactly was going on in the l a you said we've given you some time you didn't you know peter bergen help us out here you put down on your permanent resident application that you failed that you were driving without a to please help us out here as to what's really going on with us and that wasn't ever clear so they said based on that that's reasoning than i and even if you go back to the original finding of you're no longer a temporary resident you can't become a permanent resident which is the issue raises  supplemental clinics record is the actual violations they relied on that initial denial turned out from the use subsequent findings to be convictions themselves and might have been later expunged but there were still convictions at the time they thought they were just violations they ask you some more they than one conviction or arrest for driving without a license do you remember i don't your honor i'm trying to think i i think i think it talks about one but it was confessions and again the the early you legalization pill you know the decision of april twenty seven ninety five really spells out the most detail dates of violations and the result of all these different offenses and that's what i was trying to but what i'm what i'm getting at here is that he continues that he did the best he could be cooperate and he in effect is telling us that he's being asked to look for a record that does not occasion when he was cited for driving without a license does that not suggest that he is correct that there is no other record that's the point i'm i'm trying to get cleared up for myself and the department of motor the department of motor vehicles records am i right yes your honor be based on the the application filed by the petitioner in this case and application or write your own i look at it all day today now i'm having trouble ashcroft thank you