discussing this in my wife and i just thought to myself well how hard would it be for me to find out this guy's identity i took a stopwatch and when he and i take in did google all order lawsuit immigration in forty eight seconds i simply i'd rather he got his copy of the certificate in late it was persecuting and why homeland security can't just say well this is a good guy he's got a loving wife and family he deserves to be working on the farm give him his green card a little bit late instead we're listening to you yap about constitutional issues that we don't really need to make any decision on and it's wasting the court's time it's wasting the lawyers time can't we officer in charge of pittsburgh office we knew that copy of his birth certificate when my client presented himself for an interview and was satisfied that he was we says he was and had no problems with that person only thereafter to the government the morning it was the court time to pray for the united states let me begin by addressing judge ross question why this hasn't just been sorted out i think the answer to that lies in the fact that page thirty three of the appendix the government sent a an application because his existing application lay dormant for months and months and he just reopened well i think because the way that c i s typically works is when you file something and you say you're missing this that the birth certificate was was provided in late september of two thousand and five and so why does not homeland security simply reopen granted green card and let us go home and do more important things well i think that's something that home and security has the discretion to do whether they want to sue a spontaneous reopen or whether they say you need to copyright your copies to be a judge on this court and we can always write him a letter and say you're sick would you consider reopening this why can't you simply go back and say this thing needs to be reopened what needs to be done to get it reopening get this guy's green card i can i can certainly say that i dropped but again we're in the position where in two thousand and seven the petitioners lawyer sent us a letter saying you told us that the application was deemed abandoned it was that i should we file another application under the rules which was clearly say is the way to go he about people who have lives we're talking about a family that wants to stay together and from the lawyers i'm hearing bureaucracy and well they didn't do this on time and they didn't do that on time and are will  i'm a senior judge and i'm beginning to get a little bit tired and it seems to me that a case like this can be so easily solved i this like wasting my time sitting here and have people well you're talking to me about legal points when i think there is a much better resolution of the whole matter and i would i would like to see the lawyers try to get this thing resolved well i'm not a senior  for want of a picture that it's possible that we would in fact have a legitimate constitutional discussion so it is the policy of homeland security and whether you need to well i do know that there are cases where they do not require a full facial picture for example in the her petition and that paper is in the in the record as well we i offered said a letter to cia ass saying ok this is happened do you want us to refile new at that ties and submit it for a third time illegible copy of his birth certificate he paid already required filing fees and he submitted all additional documentation absent of course photograph the photograph and it was a letter if i will go to washington and see if i can rustle the bush is and reach a resolution that satisfactorily the course