have reached the ninth circuit i've spoken with the court about them in the past it's always been a pleasure to do so mr pasqual is the last of these is now seventy three years old she was brought here in one thousand nine hundred six along with the other members of the marcos group as the cardinal was they were brought here aboard u s military aircraft they didn't seek to come they thought they were going to marcos the political stronghold in the local sonority the fact that we brought him here and th he didn't seek to come is probably what makes his case you need in terms of the release that might be available as you know he's asked for relief in the form of the silent there's some question and it's can change circumstances in the philippines whether that's a viable claim any more that regard and i think if it were possible to do so that might be advisable i mention in our brief a case that came up within the ninth circuit got a lot of publicity that was that the save test campaign a matter of taste to ponder where in the end the government did agree that she should be granted indefinite parole and she remains in the united states in her role status that would certainly be a satisfactory resolution for mr pasqual if there were a way through mediation hear something like that one of the other members meeting with one of the other members of the entourage yesterday and they asked about his case and i said well he's coming up for ninth circuit today and he said well we've always told him he should find a lady yes record and i could be the first  wouldn't be the first rays of my sense knowing mr frost is that his wife passed away about fifteen years ago he did take advance parole to go back for her services and i think in his heart there probably isn't any other woman that's exactly what happened in one thousand nine hundred two after president marcos passed away they did revoke the parole for all the remaining people here they then all submitted asylum applications and in the majority of cases there were a few of those asylum applications in the early days that were granted for some reason the majority of the others were not and the result in those cases was there's been no because of change that they certainly were in the status of refugees because of the fear of persecution by the incoming government on the conduct their relationship politically with marcos the government does have the option of electing to parole people rather than if the united states government one of the option of saying ok we don't need you any here anymore if the day should come that they felt they didn't need to be here anymore now in terms of equity and justice whether that's  and any case the concern i guess that i have for mr pasqual is of course we would like the court to find that he is deserving of relief in the form perhaps of asylum if he were sent back to seventy three year old compelled to run for every soul other than doing it out of the goodness of our heart what what's our legal justification for giving the relief the level the legal justification for granting him asylum would be a children and i don't know that they have suffered but again they were not associated with marcos in the way that mr pasqual and the other members of the marcos entourage were mr mccauley if we were to deny your application at this point as soon as that becomes an order of the court i think as if that were to occur i suppose that mr could simply be taken by the ins or homeland security or ever he is out of this country and put in a plane to the philippines is there what would you do could you move or request the attorney general to exercise his discretion in your favor to do you need in order to give time to get that done or what would you do well i think if the court found that you know that that there is no relief it would have to be dismissed what would happen to mr haas classic cases he would be taken into custody he would be held in a federal detention center until such time as they can procure a passport for an appropriate travel documents probably three or four weeks would be my guess he would essentially be incommunicado he has no family members here that could visit him so if that were the case we would ask that he had least be afforded the opportunity to make a graceful departure and that might be accomplished if the court were to say we got to be must dismiss this petition however we will stay the mandate for thirty days and during that thirty days i would guide him in making arrangements and i would work with the thing well this is the second prong of our argument with regard to a graceful departure and that is that he should be afforded a voluntary departure on the ground that he is not in a writing alien because by the plane  statute in my time is about to expire in times of asian one minute it's somebody who is coming or attempting to come into the united states which suggests that it must be there must be some element of volition he had no intention of coming to the united states he was brought here not knowing that the plane was flying to guam and not to the local snorty so we've argued it's inappropriate to call him a writing alien for whom voluntary departure would be prohibited also on the grounds that that concept they were initially evacuated by helicopter so i have to assume that they had to change aircraft to some sort of a fixed wing air airplane in order to get the whole lives because they were evacuated just like there for space in the middle of which to a different custody and they were being brought to him your force base think they couldn't have said i want to go somewhere else but he could have left with you arrive in hawaii good enough there wasn't anything that was restraining him from leaving for probably the economics of being able to the government is your position that the government faced with someone who might be eligible for refugee status has a complete option to not consider that's kind of broad and so on the face of the statute it should be read is applied to people who've already received refugee status abroad and then they've subsequently arrived and are seeking to enter the united decision to parole petitioner and rather than to to give him a sound initially there's a presumption of administrative regularity under citizens to preserve overton park that would come into play you know kind of person he will certainly know no i'm not but again and i don't think i don't think he has any options so there was a he in the brief there was a theory about affirmative misconduct you know just stop the government i don't think there's any this is for that refugee status but they were at the time in the historical record supports this the secretary of state president reagan they were all working together to decide what to do and they made the executive  that level to bring these people out and our argument is that bringing them under those circumstances was bringing them out as refugees for fear of what would happen to them do you know i've got to think with that question is isn't it true that i