deportation proceedings would show up to court they missed their appointments to be in front of the judge and years later they would show up with a motion to reopen and response to that we've obviously seen changes that have come through the as a result of congressional legislation you seem changes come through and it's become more and more difficult to set aside an order for a failure to appear once an alien has missed that court hearing and th march nine hundred ninety five does the agency finally make a decision and they issued an order to show cross in march of ninety nine five another words the statute says you can give notice to i are the individual or to counsel so if notice is permitted to the individual and it was sent to this individual's last known address and signed for by someone who is not who we know is not a monk about  get to the immigration court has to be a green form and the agents and the rothera argue look if the attorney has not filed that green form we don't really we don't have to give them notice this court found we can't play such a nothing to suggest otherwise he didn't get the notice of hearing now go to your client did your client offer any evidence that as to somebody not being e broader the person had moved under the law doesn't really make any difference and in this case the person there's no evidence to remove it but the and this case is that i understand and i'd like to know what else there is he said in both cases no notice was given to counsel and in both cases the individual did not shine for the on the fact that the alien reasonably could have understood it stood at the order to show cause indicated that notice would be provided to the asylum counsel here there's no evidence in the record that the petitioner had any basis to rely on that he all the children initially had indicated before the i j a in the board was that he didn't know that he had provided change of address however the denial letter that went to the petitioner indicated you've got to provide a change of address as to the order so caught well  is is language that the court in the broader found to be confusing or ok the same language that is in the order to show cause here that is the same they also ignore the provision the statute withstands if the alien doesn't provide his change of address notice that even required so we would have we would suggest that you know to broaden ignoring those was incorrect and certainly here ok so but this case would seem even if we were to say you know obviously we can't say that it brought a court was wrong because that's not our province but even if we were to say they should look more carefully at those points that you document you have to assume your attorney is going to get it i mean that they seem to go beyond that and seem to be suggesting it was something specific in the facts there and i don't think there's anything in the facts here about what's what's the fact is that that's the system because that's what the order the show cause leads people extent they found there that there was a basis for the petitioner to believe that his attorney was going to receive the notice here there's no indication of that in the record and the petition specifically was told in the denial letter that was received the same day you need to provide a change of address was created to prevent the type of situation where a petition you can just say i didn't get it so therefore i didn't have to show up i mean it wasn't till seven years later that all the sudden he moved to reopen you know the so then what i'm trying to figure out is well under our yeah that would seem that would be sufficient however you have to read our yet it seems to me in concert with two broda and that gets you court suggesting that in that specific case partitioner relied on the order to show cause he found it misleading here there's absolutely no evidence that all the petitioner had said was i didn't know i had to provide a new address well the denial letter told me actually there is there is no there is no transcript that's provided i mean normally if you don't get a notice you just put in an affidavit and you say look i never got this thing my lawyer didn't get it either get or didn't move same thing occurred with the order to show cause it went to that same address and got signed off how could we say he was misled if he didn't get it would we have to figure out some other i want to look at the