resident of the united states that was also proved by an immigration examiner after having conducted an interview with her and her husband at the time eventually she applied for file before my seven five one iteration to remove  proceedings for the immigration judge she was never given the opportunity to have under two forty six point one two forty six point through three of the eight eight c f r to actually have a f know your honor and in fact i think what happened in there is the immigration judge said the thing i notice it's following proper procedure and that he refused to take any testimony from her allow her to present her case directly in the proceedings about immigration judge we were seems to just recently marched in i'd only found out when a client with a client contacted us because we still haven't received the memorandum it's an unpublished opinion the only reason it was unpublished the operating instruction at that time that still is in existence today and i know that they're not necessarily finding that they're supposed to give guidance to the examiner to forty five point eight sixteen it still allows you to still not run the records and still allows adjust by ordering her removed on the basis of the finding that she was inadmissible at the time of the adjustment of status is effectively concluded that the adjustment of status was not properly properly granted it and the court there said it doesn't it said we have to give the facts under chevron to the regulation and the informal memorandum or the operating instructions would only have persuasive power or any sort of presidential value to the extent that there persuasive and in this case your honor they're clearly not because as the immigration judge found there are vague and they are inconsistent with the statute in the stockwell did not consider that language that is really determinative of stationers case as judge fernandez was earlier pointing out stockwell did not consider the second sentence a section two forty five which state  through the through an appeal of the immigration judge's decision and every citizen hearing if it hadn't had and furthermore the immigration judge assured himself in the removal of perceiving that this was really furiously an issue of these were judge indicated it's clear two three two four five point one six six says that aliens falling in the class that the petitioners and cannot adjust under section two forty five without any limitation to  proceeding immigration judge actually conducted he never actually considered directly the whole process we susan our whole point is that the immigration examiner when he ritually just had her status made a rational decision under the law on the facts and understood at the time and that our point is that at that point in time those regulations were set up to protect against marriage cry that's the whole point of those petition the review of the chain one in the requirement in this case he had the opportunity to review this and he found no fraud any apparently went on in the grab any granted her status and if that is the purpose of those regulations is to protect against marriage marriage pride in a case like this when there is no marriage fraud and it