it wouldn't meet that requirement either way well look at all entry or was it nearly a fraudulent entry is merely a project and it took what would have been a procedur so when when mr tom sic presented himself at the border in that in the car and said we're just here for beer and were waved on how long how long was he permitted to be in the united states was it nine months i was  permission of the attorney general and actually that  it please the court victim arntz on behalf of the attorney general this court to deny this petition for review this is a reinstatement of removal case and the court needs to only look at three things to determine whether the you respond yes your honor we disagree with his entry was not legal the fact that he received a notice saying that he could not come back within a year without the attorney general's permission was just covering one ground of excluded though the is still need to present himself at the border and be inspected and admitted to the united states  understand that he did it where after the year so we're not we don't express permission so what was illegal about his entry when he did because he had no right to be in the united states he official asked you for your identification there is a test to determine whether or not there's any reason that individual is inadmissible from the united states and how he actually presented himself at the border the  border official what is determined that he was inadmissible based on a prior exclusion order now when in two thousand and sixteen when he was convicted for driving under the influence and came to the attention of the government once again at that time the border official pursuing or the ice official pursuing two a t f far to forty one dollars point it a check of the database to determine whether or not he was ever appropriately admitted to states and the record reflects twenty that the border official determined that there was never an admission to the united and that this information was confirmed by the records so is it the government's contention that he did that he was not waved in i have border patrolmen well if your government in tech contention that there if that if that person has a factor in his background that makes him inadmissible to the united states and he has been allowed to enter the united states perhaps by her i think as as you has a d background in with a conviction for a controlled substance and a prior exclusion order he is not here legally in the united states and whether or not somebody has made an error if that were the addition to twenty but should we should we send this to an i j to get this figured out credibility determination or orders or at least looking at the reliability of your records i mean if the question is does it make a difference i think your position has to be has to be it can't make a difference because if it does make a difference then i think we have to send it to an i j to get together credibility determination so you want to tell me th it can make a difference even if every word that he has said is absolutely true even if every word he says absolutely true and that he was waiting at the border the government had complied with and again we're not accepting that but you what happens if he comes in with his buddies in the car and the border patrol official says i need all of your i d their passport or driver's license everybody gives them a current canadian driver's license the officer goes over he does whatever checks he their their driver's licenses and for whatever reason a glitch in your system a mistake an entry something he says you're good to go welcome to the united states now it's still a matter your hon you know if he had he presented a driver's license i would presume that that would create a record in the services systems indicate that this person was started at the border and let through there's no record of little that the court needs to do other than check off whether or not these things were complied with and they have been in this case and that's why the court should petition thank you thank you very much