the money orders in front of federal defenders on behalf of mr torres and a failure to present an ailing case the government must prove beyond a reasonable doubt that the individual is in fact an alien in this case there making a material false statement to an immigration official but not her but not perjury the proof that he knew his father was not a u s citizen on the day it has to fight in court without being convicted of the felony meaning he could not it is conceivable under the facts of this case that he would not have the intent to violate the immigration was there's nothing in the us and i'm covering you a blanket and putting him in the seat of a car perhaps because you're not here or some other reason that that individual does not want to be presented in the immigration inspectors for example if that other individual violation of the events that mr torres was charged with because that i think it's requires the element of alien itself if indeed it was a us citizen that they're trying to conceal he could've been violating any immigration laws for evidence either way and i submit that it be the government's obligation to have something for the staff some and some evidence that it was not for those reasons but that i'd like to reserve the remaining time for about good morning me please the court christian oriya for the of how the united states there was only one issue in this case and that was whether or not mr torres knew that there was someone in his vehicle the very first words out of the defen moment it is but in this case what we have what was presented at trial was the testimony of the inspector at primary inspection and what he testified was i asked mr torres twice do you have inspect been found after supervised release violations the moment that the inspector asked him do you have anything to declare he intentionally said i had nothing to declare and that was an immigration jury can find one that the ilene was hidden and that he failed to declare that alien and not find that he violation of the immigration well it might be customs or for immigration i don't recall exactly but i think it is a title eight violation if i'm not mistaken it's section five forty five which would be a failure to declare contraband within that  cuban cigars marijuana or person if you have it i'm sorry if you give us an alien well no even if it's a person i believe you are because what he's not doing is submitting a person for admission into the united states so what you're telling me is that if you are used to this and you're in canada and you wander across the border i don't mean water in the sense that you used to go through the world and come in the states but you see the inspection station and you say sneak around and avoid because i don't like guys in uniforms i believe that's true and we that's true because and we can see these examples even something as meaningless is as fruit from another state being brought into here well know about ok so this guy is a citizen let's say let's find the things what i'm doing here is hiding a u s citizen who is hiding home police that would not have even satisfy this  reason and that's when he comes to the point where he fails to declare him and that's the intent i think is if he was bringing him he thought it was a young and alien unsupervised release and he says i'm intending to bring him across so they're not going to catch him for the violation that's all well  found that he knew the person was in the car and he intensely failed to present him for inspection then there's no way he could have been funky algy of the misdemeanor and not the and not be found notes in situations like that for  i see that i'm almost out of time there would be the final point is that if he intended to bring him in for a different reason other than an immigration violation it was compound by the intentional immigration violation at the moment he he failed to declare his presence in the car and we tha