and turn to our next case the united states versus lawrence let me ask you a question as you start off of is this case that moot let me address that if i may your honor b because i would argue that what the government just did i as of friday makes my point that this is a situation where they have done exactly again what they did before in the district court very shortly before the opportunity for that is a district or your honor is to deal with the issues that i have raised they have moved him and outside of the jurisdiction or the local jurisdiction and if anything i would argue just this is a classic example  years over correct under the persons it is it right and so the fact that he's now in custody what does that have to do with what the question of his immigration status was involved in this case from the very beginning and fact at the sat my skill at the whole problem here was that he wasn't getting to new york for various reasons and he was trying to get transferred back here to deal with his not his immigration case but his regular case your honor dealing with his immigration case was part and parcel of his interaction from the very beginning in fact i drafted directly at the time a sentence when i asked  expressed to him at sentence that what i feared the most that he would be moved outside the new york city jurisdiction in a situation which turned out to be exactly correct without ability to get counsel far away from his family and without any opportunity to deal with the issues that need to be dealt with because of the immigration consequences of being moved out of new york city and so i asked and the judge answered an order sentence prior to which imposition and for the very reasons that we were concerned that is past time in the new york city bronx custody plus good time calculations which we were worried about that we would have ten days after the permanent computation of sentence to a draft dodger a coffee in his or her reserve he didn't say i had a would have authority but at least he would lessen to whatever argument should be done that was done on the important and it was extreme but also as i said at the time there was an issue whether one he would get good time from the beginning of a state sam's and to whom there was a good time appeal pending in the m c c new york that i was directly involved in and what would have been in my view reading for either a hey b s petition and the challenge that and it was the had to do with the twenty one days of good time based on certain allegations any of that relevant now this is what's relevant drama it's the united states of america and here it is one business day in which up until either i think september is the first i heard about it he was doing is staying in custody where he was in motion and in valley five hours away from the city which is fathers never get into january and so exactly the saying that rather than arguing this to be moot that this is exactly the situation which i believe lead capable of repetition yet evading review who should apply and i'm suggesting the factor here now i'm not go sit here and accuse the government officials but there is their facts are the are pretty clear that this issue of removing him from family and council what power amount from the day of sentence when i learned on the day before i was in touch with all the b o p s officials in the m c c and the m d c i knew exactly what was going on and up until the thursday before labor day weekend i was being told we think to either try to persuade this court or judge break off to bring him back so he can ask counsel and have an opportunity he is just deny due process just bring him back produce but you're not saying for what purpose i can tell you exactly what purpose of honor and that is access to counsel so he can challenge the what i don't know his status and there'd be a directive to ace that you're asking for and i'm yes i am going to bring him and has been discussed with his father who has not been able to talk to him i haven't been able to talk to him because he's been administrative segregation he was removed when he was removed he was in a high security prison what was paramount and was discussed frequently was his opportunity to file for relief to withhold deportation pending an argument that he should not be returned on the convention against terrorism not an unusual  comment ham to make the argument i'm not i'm not an immigration lawyer i but immigration was a role in this case from inception and was discussed directly with the court and the initial this is what i'm complaining about is his he's been adjudicated in the agency i don't know ron he could be moved all i know as every approximately every week for the last four weeks i have requested a legal call with mr law process has been done and the reason i'm arguing tejpal ball of a fading review is he could be under a deportation order right now and if the argument is paying back you're too late you're he's out of you no longer he could be in the state he could be in jamaica some time next week or two week i don't know the answer i should know the answer and i'm asking for him to have a least due process of a counsel to be all under section twenty two forty one which was not done and in any event his request was moot because he in fact received the relief that he was seeking at the time which was credit for the time served in state custody and as your honour's have already noted as of friday this is additionally moot some indication that mr lawrence's time was going to be up earlier well before we appeared before you're honest i don't know what his status is in immigration of this point i don't think that that's a record beyond what we put in our letter your honor but i will say  maxwell your honor those are those are good questions and ones that i think underscore the importance of of mr mack engaging appropriately with the administrative exhaustion that he was required to undergo and dealing with the with the  to do it is certainly not your honor and i will say that the government i think that the briefing makes this clear worked very hard with mr mack to address his concerns and to try to provide information with regard to mr laurenson status throughout this process now certainly we see that mr mack is not happy with the ultimate outcome there but whether he was picked up at the prison when he left or whether there they transported him into somewhere my best understanding your honor and again this is not of the record but based on conversations that i had with the bureau prisons representative on friday was that he basically gets released directly into his custody that ice is waiting there for these types of individuals and that they go directly no worries where they took them i did not inquire your honor i do not know as i say here today but again happy to be willing to tell of course your honor the government's always willing willing and happy to help facilitate these kinds of conversations but but that said again that the question before your honor's is whether there's any relief that mr mack and i have before remanded to this record with the direction the defendant peddling be produced and permitted with defense counsel's assistance to raise whatever sentencing issues were preserved by the courts or just fourth order for the district court's determination furthermore different independent requests that the district court be permitted within its discretion to inquire into the circumstances of mr lawrence's removal transport and designation so as to determine whether  recommendation to the b o p of the district court now what in what is not that you are requesting remains non moot for us but to me what is uncertain i happened to but i would say this that it goes where he is isn't he is and at least this is double hearsay but basically from mr lawrence he is in a low facility  p tells me that the designation decision has been made and rather than doing what every governor in may that i have had experience with with such short time that he is going to be transferred i immediately called the government i talked to all the b o p legal officers i'd say please all day and i'm willing to go on thursday or friday of that day before labor day to argue whatever the situation is when we finally get because you judge raycroft situation or his procedures as to motion he's already been moved out and i'm suggesting it's exactly the same situation here where they're moving or not if the students grant i do know this institutional hearing program is extremely well known and most on invalid that don't have counsel it's done with the ending institution and that was one of the the very specific things i was trying to avoid because you cannot get counsel i have paul for counsel i've tried to get somebody j where he is he was held incommunicado for weeks i'm suggestion this is something that everything i could possibly do in order to give this individual an opportunity to have to counsel whether it's in the in the sense in situation but now in immigration he is going to be in jamaica the argument is ok twenty two forty one that's five i think it was where we do that in scranton somewhere what assurance of any do we have i've been trying to get immigration i've been asking for exactly what is the immigration situation i've been trying to get immigration council they cost the private there's no public council i've been trying to raise public counsel in the if for our five i was away for about a month knowing i'd be in this situation and expecting the government would do exactly what happened why didn't he was due to be released at his permit date in january two thousand and nineteen until approximately a month where to start nor does his father and he is accessing one phone call a day and he did not have any phone calls at all for months and months because he was in the midst aggregation much of my guesses and forgive me for running on i know but i do feel strongly about this subject he was in administrative say he got one call that was i could get a legal in to him about every two to three weeks what i believe which is to me the height of concern is that they did change his good time calculation and they changed it in order to permit him to be released last friday so they could make the move his argument today and that's exactly my cynical view and this is the second time in this case that the government has arranged on the day before to send him somewhere else preventing meet and to see that he got the  now i hate