modified categorical approach the categorical approach under the present in this court we should be comparing the the necessary elements of the conviction statute with the elements of the generic immigration statute and if there's i mean if you if we accept your argument that it's not categorical some batteries could be attaching and some could be clearly violence then but say that your client came in and said you know as part of the play the colloquy was that the factual basis was that on such and such a date that he punched his his wife so that he lives with any as child and within all of that in the face in that she had to she had a black eye and she had a broken bread and she had and she went to the police officer was was part of that statute which was somewhere in the record i'm not i'm not as for me with that as i should be because after that came down well u s b ballots came down far after robinson came down but it  your honor that's the only thing we can look there in the modified categorical approach to determine whether or not this was a crime of violence and whether it document usually the charge is one that would have to satisfied the domestic relationship and it lists a name rossa doubt then the amended is still the same victim so whate transcript and here we don't know what happened at the plea colloquy in the paper they were allowed to look at that or any other paper it doesn't say he pled to count one and count one two three four if i was crossed out into forty two was written and everything else stayed the same he did now not how they do it in any what we have nothing in the record that's forty two written on that i'm sorry that was an exam so we don't know how we have no idea how this was amended and all we know is you put it to forty two and under is that the battery conviction and under california two forty two is per se a crime of violence our position follows from the fact that a person's clothing right and that's after rock them stand so if if the california supreme court is saying after robinson that a touching of the closing can be enough how do we say that law is that saying well i was i don't believe that you know any any prosecutor would would attempt to prosecute for that that act that you well i agree with you but we still have to look to everything that can be well i guess i'm finding is difficult to respond to because the it seems to me that the force or violence is shown in the wording of the battery and the force or violence is shown in met that doesn't qualify as force or violence then you lose on that and then you go to the modified categorical report a categorical approach and i mean that's what i said and so that's what you know i panel situation from following robinson and applying relevant although it's an issue do we have to go on bonk or but it is california i mean all but if the california supreme court says this is what our statute means and it's not the same as what the federal statute means down is do we distinguish it or do we have to go on bonk on robinson or whatever i guess that's the issue well i would say that i hadn't addressed robinson to this point supreme court secondly it didn't seem to recognize what then just cuts whatever the california law was at that point and thirdly there is the intervening supreme court case of leo cal which is precisely on point but which  does emphasize that a crime a violent has to be violent i mean i have difficulty seeing the application of logic in this particular situation seeing that here we're actually talking about you know physical contact with a person rather than you could kill someone it's a drunk driver and it's not a crime of violence you can injure someone as a drunk driver and and here you're arguing that if i touch judge again i don't i don't know that it's that instructed in the situation but i understand the concerns that you have about whether whether the statute here you know fits under the categorical approach so i  that's where the court documents are infliction of corporal injury resulting in a traumatic condition and the second one is basically for forcible sexual intercourse and rape under two sixty two now i was thinking along those lines well that helps me on who the victim mess but it doesn't help me on what the act is ok well the other the other point  says when a bettery is committed against the spouse probation is granted or the execution or imposition of the sentence of suspended defendant participate for no less than one year and successfully compete complete a battery's treatment i'm not aware that there's