custodian agents reli and he merely stated that this was a document that's made at or near the time when someone is removed from the united states however this particular document didn't even have a date on it the document well i think that it's kind of goes to both the the problem is is that if if this is a business record or a public record then it still needs to be reliable and without the dates on it then that goes there are the documents on page two eighty two the the other problem is that the document itself is in fact testimony alex says departure witnessed by and then it's signed by the agent  fall with them and so permissible testimony and evidence so why is this not why why is this really not a business records business records we'll have testimony in that in the sense of conveying information why is this not a business record them well i think there's a couple reasons first i think that business records are not normally need by a party to the action and in this case in order for a trial or well because you can document is made by border patrol agent or by the government and then it's entered into against a criminal defendant it's more similar to a public record or an agent's report common law history to suggest that if a document is prepared for the litigation or in anticipation of a particular litigation that of becomes like an affidavit or something like or a declaration that's one thing but if it's kept for a purpose predating any actual institution of litigation then it he seemed to put that off on the side of non testimon in fact lincoln even was when he was writing about that business record exception is of the business is now much broader than it was the common law and so i think that's what we don't know and so just taking this into the business records exception and assuming actually watch each person cross the border and then sign after some people sign before they even get the person to the border and some people's time during the whole process when they have a whole bus load of people that they're watching cross and so that's why there's not really the reliability factors of the business record and why the person who normally comes to testify and is under cross examination the government points out that usually that person doesn't remember the particular individual but knowing their in the way that they do it is very important because you still don't know if the verification is in fact a true verification a they just stop people at the border and then that was it but you don't know since that person didn't testify as to how they normally conduct well i don't think that can stop the stuff the inquiry about even if that is the case and i don't necessarily think that it is because like i said i think you need to go back to the common market whether it would fall under the business records exception at that time and i think that because it is a governmental agency i don't think that it would have fallen under that that was offered as a business record i believe that it was entered under the public records exception but i i it's reliable or not so that's the first twenty six case it goes as your honor indicated to keep track of the defendant it goes to court have a look at if it were to come in and ask or have a subsequent deportation hearing or subsequent asylum application or something to that what was the ins and now the h s is important when the when an organization determines whether or not he or she is going to be allowed to remain in the united states and so this document is not made in anticipation of litigation in  record the judge is going through quite a few factors and that he and running into the heartland and that is a very with the subset of with the guidelines considerations in determining whether to give someone a departure or was harmless because it's at least to that point there were only his statements because this was one of those odd cases where it's actually rested at home many many miles from the border and then went on circumstantial evidence showing that he may have just come from mexico thank