and important advise this court must reverse the board's decision denying his motion to reopen for at least two important reasons first the immigration judge was not authorized to conduct the end of censure proceedings s if the alien was provided notice of the hearing at the most recent address provided under section two thirty nine a one half the board explained in matter of g y r that quote the notice requirements piece but they also don't they don't account for this other language there's kind of a two prong thing whether the judge was allowed to enter the end of censure order to begin with whether it was sent to the proper address and then the second issue about two forty government the notice of where to send the stuff and the government uses that notice to send it and send it by certified mail and he just doesn't need to go pick the attorney told the government to send it to all you're suggesting is that what we're to do is look at the second prong that's described in the case that you want to look at and say that our case and say that's a category two situation and therefore we should never problem my colleagues question is what i think pretty nice of make significant because why is this any different than the person who is sitting at home who gets this stuff and refuses it and then we found that's enough there's not evidence that we didn't find the the fact that this to tourney has entered his appearance and even if you find that there is constructive notice here the fact is he didn't actually received notice and he was making every attempt to comply with immigration person could have been removed on the paper said he was for moved on now is that reachable at this juncture yes your honor i believe it is because the board made a ruling on this decision and if a person is  you know as this court exercises authority to review that issue of remove the ability the government hasn't met its burden because they simply cite asylum application that was you know filled out by a person who doesn't speak english and it was filling out the application process and the board points to just that you know mission in that application and while that might be an inference about whether or not he attended this college just an omission can't  address trying to determine if the service was in error for administrative purposes or if the alien feel surprised the service of his correct address and whether he was aware of the consequences of the failure to update the service therefore we look at who's that fault and whether or not they should be application doesn't state that you want to school get an obligation to treat planning applications finish i believe it was august seventeenth so how could it cover the question of even if we assume that up until that point he didn't attend classes here how does suggests that the application of self being put together by someone who really doesn't know english doesn't have much to do much knowledge of what's in there we don't give the application a whole lot of significance even in a credibility situation why should i give the application in this situation significant because in a credibility situation if the application is different from what they testify and that alone can be regulation if you will goes directly to my colleagues questions that particular application was filled out of which does not even fit with the time line in the n c a a and that's a problem that we have you cite relation for that particular idea but i'm suggesting you're trying to draw an inference from this application which girls more so what the time it's not even covered by and yet i cannot even suggest time so i don't know that the asylum application itself actually proves that well there is one section on the asylum application and it says the date that these expires just for practice in immigration law there's a difference between when a visa must be used and when the status of there's been no briefing on this from any question and it could be that there should be we can certainly do that and i just like to point out you know turning back to the