have never had the opportunity for a discretionary hearing before an immigration judge on their application to stay in the united states despite the fact that it would cause unquestionable hardship to this family if the gulf as it were deported the court should vacat alien may have a claim that a statute is impermissibly retroactive under the land graph analysis last the court should conclude that all men were released cases should be sent back to the board on the issue of voluntary departure the board is through thirty days of voluntary departure under its truly are a suspension which was proper at the time but after the petition for review was filed in this case the board withdrew from the truly are its policy in light of a moments that were made by iraq iraq should the voluntary departure provisions as it is should initiate action and there's a clear case law saying you don't have a cause of action or a private right of action to require the service to initiate action well your honor i think it is different based on the one hand as dean andersen decision and one of the four factor be i mean it's sort of like a negative case even if it's concluded that the petitioners aren't aware it's not like they were lying upon something that should insulate them from congress's terminations that the law should change  decision and the context of the claims that were raised before it if you refuse the brief his brief to the board as well as the notice to appeal to the board he challenged the immigration judge's decision based on whether or not that decision and the end of the one who's hasn't been alive long enough friends out to fall short on the time on my speaking to the other when you can imagine a situation where everybody else in the family got enough time but these two young that would produce result  immigration judge grants a sense that times of boards have issued matter of am which created a new policy or rule that said that they would grant sixty days or match to immigration judges will have a few days left in their relative partial order which depart the country if they do that there will be no bars upon readmission right and so she could potentially become a juror that i'm sure that timing the decision maker in terms of we're going through this time period with a district director or we have hundreds of these cases and i said sometimes the stare at them i wonder who's making decisions and are they making decisions r's case is still alive or goes back to the board for consideration of other issues but the mother and daughter are suddenly get to their voluntary departure time is there anybody in a position to decide that  family should be allowed to stay together during the pendency of what's left for the father or whether the father's it's a father all three friends out to be eligible for cancellation of reconsideration for cancellation  whether the processing can be done in a in a timely fashion and i recognize the number of cases you're dealing with in the backlog in such a fashion so that the other members of the family can be disadvantaged through the like least period of time nothing can put their proceedings in any sort of hold pattern pending the outcome because their orders were issued separately and said because their orders are crass ever issued separately they have to be dealt with separately so as long as the am that's why the n l r b vs food store decision from the supreme court requires that the court send the case back for the boys you consider whether or not its new discretionary policy applies or what you're hoping for if we if we stand back the father