conviction for possession of one point three grams of marijuana which is clearly less than thirty grams and is an amount that could make a single or possibly two marijuana cigarettes for personal use and be released to mexico he sits in jail today and for the past year hoping for the opportunity to present his case to an immigration judge he was denied that opportunity below by the ineptitude of his counsel because he was charged statement why don't we need lozada compliance very very frequently a lawyer knows something because of confidential lawyer client communications occasionally there's something having to remember a case that once handled in the seventy's where i found out in confidence my client disclosed to me she had committed perjury in her deposition major decisive perjury put a real damper on my well no because the immigration judge had in that same hearing indicated that he wasn't inclined to grant a waiver anyway so the options any client would be looking at this point is to file an application which the judge said was going to be eight application where it would be acceptable to the court it was on that very issue the little requirement that judge kleinfeld was discussing with you also triggers the government's argument that there was no motion to reopen here that's correct and they say that while this was in effect i e some claim has not been exhausted before the board and i and some of my case l and does not remove jurisdiction on the grounds of failure to exhaust and i would like to reserve their major of my time for a total thank you different color of the cancellation of removal you cannot have a drug conviction doesn't matter if it's ever going to felony conviction you can't have a drug conviction this individual hernandez mendoza had a drug conviction had h assistance on this eligible for bail or voluntary departure for the eligible to be released from custody at the time he had bond at one time then he came up with no idea why conviction was put backing i see  the ability to use it to start to in conjunction with each other it's case and i quote in conjunction with any application for creation of status here she may be applied to the immigration judge for such a waiver and quote under the basis of there has to be a plausibility of relief it looks like he's a grown son he has not put in an affidavit that he supports his parents i didn't see an affidavit or support anyone else and it looks like he's that involved with drugs and application for cancellation of removal was denied almost so ground that it was not accompanied by a two twelve page waiver for that reason we don't know it's not on the record i know but it's not on the record exactly what else he would have been able to present t immigration judge and that's exactly what my client is asking for he was asking for the ability to stand up for a judge and have his application determined on its merits this court has held that it's all he has to show that it may have supported a different outcome of the proceedings and the circuit has held that when an application is not filed or when an immigration judge does not affirmatively make a be heard and i would request that this court remand to the immigration judge or alternatives alternatively to the board of immigration appeals so like you may be given that day thank you