please the court glenn murell came to the united states at age fourteen on a tourist visa soon overstayed and became the beneficiary of an immigrant visa petition filed by his permanent resident mother when the petition canada ok but that applies to this case for i guess ok and then in canada either they give you a veto or they parole you into the united states and the parole so that canada doesn't get burdened with all the people that got turned down for a visa no actually actually iran or canada is very concerned about people in canada who are out of status so they want to make sure before somebody is allowed to stay side process that there are other than their home country that they're able to go home and so the  es you in the same position legally as somebody who's outside the united states knocking on a door asking the comment knight rises the question by the discretion of the government and that's exactly what we're arguing that the government as a matter of directed me to the part where if you're away from five a day thank you so we come back we come back to the country with a conviction and  because they're claiming that he's got a conviction unfortunately that's not on the record it's not on the record because they refused to appeal this issue they adopted the decision of the immigration judge you found  exclusion proceedings proper but he's in a position to show up again and try to just get locked up and get shipped to the philippines rather than having his case adjusted this is secretly wrong it's a simple matter of due be disposed of under under the i don't first amendment statute applies to this gentleman he has a conviction where the sentence less than a year and it was his first sentence so so if i can just get my finish my of any other application for admission in the united states i just look back at your brief and maybe i missed it is there some other statute that has parole where your case isn't don't within the same manner as any other african for not that i know of your honor and that's what makes this case rather quirky when we're left with the ministry of policy that derives its power from straight an executive department twelve a what's more petitioners counsel did not challenge that finding by the board either before the board or before this court and he has failed to exhaust his remedies and waive that argument here can i ask you just a couple of questions counsel said that in his briefs and here at argument you have any evidence to dispute it i don't right you know whether she's a citizen there i don't think he's married now i don't i don't know if that's also in the furies he's married to a us citizen is that right about six months ago all of the judges of this court met in a conference room in this building or most of the judges with michael preppie the chief immigration judge most of the from the board of immigration appeals people from oil and we were told pretty of permit of only that in cases like this were there with a track towards exclusion but there was also a pending application for adjustment on the merits that appeared to have merit that the government would participate in good faith in mediation to resolve the case you know anything about the i don't you we know what your position is on exclusion and we know the technicalities here if he'd gone back to canada and reapply if he were in deportation as opposed to exclusion he could apply my question is put that aside for the moment does latin quotation on the seal of the department of justice and when you walk in the building and it's in latin and if you've ever seen it yes and you know what it means justice will lie in the land when it lies in the application of the law justice this is not a terrorist this is not somebody with a long criminal history we see those kind all the time this is not somebody that's made up a story that to get asylum based on some ephemeral description of events in a land far away this is this is an individual many a minor technical most state but for that he'd be able to stay in this country with his wife and child why wouldn't the government wants to record the hardage of the law that some justice here possessions not that great it looks like it's in the context of that trying to get a continuance so that there can be an address one of status you're not so you know that's your long past and maybe it'll get caught in the end zone maybe not  once you get beyond that then it gets a little more esoteric and i was just wondering if you had discussed i gather you did not discuss with your superiors the possibility that the panel might suggest mediation there been any kind of settlement discussion no your honor there has been no mediation discussions your problem when you don't have that kind of discussion is you risk getting a lot which may from the point of view of your service be ba law out of the ninth circuit you're kind of position of an insurance company that price to settle cases with good law bad facts so we're just going to take him and throw him out and ruin his life and break up the family and send him back to the philippines your honor the laws are passed by congress is the job of the department of justice to force them to find him in a in our job is to administer justice that's our oath if i got it right that when he went to canada the first time he had this conviction and that's why i couldn't get a visa so it dropped her old when he went the second time decision spend ninety five percent of its text arguing against what is being claimed to be a moot point days and have you back here and we'll see where we go from