have been a mistake the board never received it that is their contention it is at that point in time when the board of immigration appeals renders this decision on the motion reconsider that acknowledges the fact that no it did receive the the appellate brief but it was received late at that point in time the indicates that's going to be that he or she is going to file these brief and does not specifically mention in the notice of appeal the reasons for the before the appeal and the board is authorized by regulation to summarily dismiss the appeal the board is required to be put on notice as to what issues are it should be pressed absolute shock is when the petitioner establishes the grounds for appeal with sufficient clarity on the notice of appeal form the mere failure to file a brief after indicating one would be filed may not be a constitutionally sufficient rationale for dismissing any of these appeal without considering the merits correct your point here is that on this notice of appeal your clients indicate the grounds for their absolutely and specifically hose they had a letter from the employer yet more than that's as a result of saying seeing in my opinion that your honors i notice this respect to the court i don't believe that it's appropriate to ignore the plain language of the board's order which  court should ignore the language of the board which said that the independent review and simply look to the notice of appeal what's your favorite personalized for what the agency has left very indecisive in other words we must know what a decision means before the duty becomes ours to say whether it is right or wrong in the decision presented by the way they are presenting internally which the judge denied the application for instance a judge found that need a petition or established the ten year continuous physical presence requirement and if that's identified in the notice of appeal but also feels we have a letter from  felt appropriate as to either adams well this is considered and discussed at length actually between pages sixty five and sixty seven of the immigration judge's decision if that's the case this appears to be addresses that he didn't leave out until much later in the application not within the ten year period and then we have but the letter which the judge rejected for specific discrepancies that mr never discussed in the notes with you know and then we have this whole are exceptional extremely young age or they could go with the family they have grandparents and other family in mexico and the judge found that to the extent that the petitioners children might not have had the same educational or medical care in mexico that they could get in the united states  question now is did they challenge the particular details through the bases of the judge's decision so for instance the judge said with respect to the letter even if you had a witness here let me find a page that says even if you had a witness here that would make a difference and that's minus because the letter writer is not in court i'm denying this because of these discrepancies in your testimony so to that extent i don't see how that witnesses would have made a difference i also what happens if you do have adequate notice let's say you haven't noticed you have a notice of appeal here in the notice of appeal sets forth the whole the whole ship back everything in exquisite detail you know it's you when you wrote it you went to law school circuit recognizing are and if this court recognized thing it wasn't trying to say you know what we're going to decide this on the merits anyway even though we don't have any idea really what the specific claims there are instead we're going to say well on the face of that looks like the judge think that's really speculation and it's speculation on the part of the all of us who are really the other side is saying but this is just isn't specific enough i mean it's just throwing a dart up in the air and it doesn't even come close to hitting the target right to say that's what she's content in opposition is