good morning your honour's may have sleeves the court my name is if i may i would like to reserve one minute of my time for a bottle the issue before this court your daughter's is whether petitioners acquiescence to his roommate's promise to remove contraband from his apartment the next day equates to being a conscious consented the next day but just realized his friend had transported marijuana is a cold and had placed it in his apartment but just or did not agree with this friend's actions and told him to leave and take the contraband with him his friend explained that he would have it there are a quote a day or two and petitioner remained silent a few hours later and before the contraband was removed police arrived and search the premises and arrested both individuals and this case  that he would remove it in a day or two to sure remained silent at best to keep passively acquiesce to his friend's promise true with the contraband the next day but this acquiescence daughter is silent submission is not the type of a permit to pasok the necessary to become a conscious knowing willing participant in drug trafficking this court's precedents as i have always held that in order for an individual to be inadmissible for drug trafficking they must be knowing conscious willing participant through substantial evidence there is not substantial evidence of record to demonstrate the petition was involved in drug trafficking in fact this court's prior preceden of always require that to be some affirmative conscious coupled with knowledge in order to find that there is a reason to believe for example in this  not received any payment or in the nation and there was no evidence he was paid at any point to allow the friend to store a contraband is the apartment this is circumstantial evidence that was used in order to find it in the civil variety of factors that the immigration judge look to number one the immigration judge to petitioners presence in the apartment well it was his apartment he owned that apartment immigration judge also looked to the amount of marijuana down which was forty pounds it looked to packed with a gun in the lease agreement but if we look at those specific factors such as a fanny pack the roommate admitted in the record that the gun in the fanny pack was his at page  administrative records police reports indicate that behind the passenger seat in the vehicle was found a pouch and inside that couch the marijuana as well as a lease agreement but not together in a plastic bag as a government  state in their free a seed to say that but she sure stated i have no explanation on that but in fact she did explain she stated but quote i know i never put any papers on anything that was marijuana and coke that created in the case and in the cabinets in the refrigerator in plain view to firearms between particular apartment and his vehicle and also a lot of packing material admissibility again the factors that the petitioner presented demonstrate that she was not a conscious participant in drug trafficking he testified twenty years ago that he had no knowledge of these seventy eight of the record dave sebag hers should have been considered by the immigration judge but instead the immigration judge focus on a lease agreement any pact with the da that didn't belong to share the amount of marijuana allen and the