an agreement to give up your rights in exchange for the government's agreement not to commence deportation proceedings no evidence of this again in fact there's evidence to the contrary the border patrol did not ask to a violent hearing his right to present evidence and his right to appeal to the b i eight the in fact of agreement is particularly troubling in this case where the immigration judge has found  because we want legitimacy in that context and we also need to see rule of law in that context the lack of agreement or any kind of factual evidence in this case is also troubling under the skin under the attention specifically you know they're just bus loads of go back everyone every day but if all of a sudden we hold that that's sort of a return is not under threat of deportation and therefore  locus this court noted with regard to the service practice of allowing these administrative voluntary departures that an administrative voluntary departure under the statute is something that occurs with the permission of the attorney general in lieu of removal proceedings so petitioners argument that he received no warnings or no advisable in these regards has been rejected by the courts and furthermore there is no statutory or regulatory requirement and any notice of advisable with regard to aliens granted voluntary departure and advisable requirement in the regulations at two eighty seven point three now department of homeland security has the practice of regularly permitting non criminal and non terrorist aliens to accept a voluntary turns out that in fact is their choice whether they wish to return to their country frequently mexico in this case mexico it's a choice made by the alien the border patrol has no authority other than that granted by the immigration act and its authority under the immigration act is to  t and appropriately dispose of cases of aliens who were found illegally present the united states in this case and on these three occasions in which this alien tried to reenter the united states without authorization he was  arrested detained by the border patrol made this hermit of choice to accept a voluntary turn i think his testimony to my knowledge is pretty clear on this that he signed on for a voluntary departure knowing that he was here he admits that he signed on for voluntary departure those records there is no need for the service to introduce those records in the or in the ordinary case with the service have records of this service has some records the format of the records there has varied from time to time so i would not be able to tell you exactly in what form that record might exist at the very least there's some sort of some sort of record my my impression is that when you take when you do when the service does  voluntary return they make an entrance that we have voluntarily returned this person's image going to trouble making sure it's the same person and so on but then they do keep records of everybody mission backchannel they know at least i don't know if you listen temp time you try to do this that's proof of that right by the place and these records of proceedings and these are the statute or the regulations require any such rights advisor and therefore i think that what he's asking you to do is it's beyond the stops people who are illegal aliens present in the u s and and it's only under that authority granted by the act that it has any any way in which to you and they make me think sometimes when i we've had cases where american right are quite voluntarily returned to mexico because the ins mistakes them for mexican citizens and they're somehow unable to convince the ins that they are american citizens so they're not judicial law that would effectuate the intention of congress but why didn't congress put this in the act in the first place it would have been easy easy not to do there were other