all whether or not it was improperly streamlined the board by the board of immigration appeals haven't this case presents a novel legal issue and therefore should a waiver under section two twelve age of the immigration and nationality act is available to an individual who is applying for cancellation of removal under section two forty m b of that act and rendered him statutorily and eligible for cancellation of removal i can see that she that is the ground deported to lady however i do believe that the two twelve h waiver it's granted i would argue that the respondents other arguments or rather i would say that the respondent his frame the issues that the petitioner is in eligible for cancellation of removal and it doesn't of your arguments but what you're really saying is that we're supposed to set aside what congress has very clearly stated and so that notwithstanding there is a waiver i just don't know what authority you're relying upon in order to get to that eighty one b so he said with a three times in other words the same conviction keeps coming back and coming back and coming back and i'm arguing that twenty nine b one in order to be eligible for cancellation of removal the alien has to demonstrate that he's been in the press physically present the united states for continuous period of not less than ten years immediately prior to the day the application is that it would create exceptional hardship and so on the congress has written that law we didn't write it but what you are in effect asking us to do is to read that statute out of existence or make it totally meaningless were judges not legislators and there's been a legislative determination made that when people brutally beat up on their spouses and are convicted for that they're going to go say that's why i ask you if you have any authority for what you're talking about i appreciate your good intentions i appreciate your able representation of your client but i i am i'm puzzled as to how you think we  remove the father from his children for life that would be another way of describing what happened was there are two different ways you can describe it but it doesn't matter because whatever it's done it's done it's just with and i think we understand the the justice department just decides after they've got here is when all these cases that they don't want to remove the people your honor that is not necessarily the case there's various different frustrations in terms middle i understand the court's concern and that is actually a concern for the attorney general as well in terms of being able to execute the removal orders and also assisting our maintain the immigration law however that's an issue that the government has to address and is not before the court in this matter but i think your brief covered this quite adequately is this anything particularly like emphasis situation the titian here is in he cannot even get to that point where the immigration judge has the discretion to determine whether his particular crime and whether the particular equities in this case it's interesting that you mentioned bone marrow i would also like to say that i'm the last person who would condone or minimize domestic violence and in fact i ordinarily don't even accept such cases but in this case i'm totally convinced that the