the other that there is no rational basis for this that's correct as to the first one i gather the argument is that if someone comes in and voluntarily seeks asylum that person is treated worse  asylum trying to help these people who are very often in dangerous circumstances  he's not met his burden to establish that there is an equal protection issue and so the court should look at the case and and find that it lacks jurisdiction using to  application fails and if there are no other grounds to stay in the country they're gone and is that's not correct that's an accurate description of the system yesterday and the and then the argument yes but that's inconsistent with what the government does with lots of people that it knows about who have no right to be in this country and who if put in room over ceilings would be removed without much legal question whatsoever and the distinction in treatment could tween those two classes of illegal immigrants  it is irrational but that's the argument right well under the regulation you're on a two hour wait point fourteen there are a number of situations where the immigration judge or the asylum officer reviews the immigration judge when looking at a situation like this an alien who has no basis for a stain then the determination that the immigration judge has to make is if there are other relief made what rational basis is there but for distinguishing between the treatment given to people flying for asylum on the one hand and people who have not applied who are out there in the world as it were at large but who are easily deportable are now removable in fact they were put in proceedings what's the rational basis for not treating those two categories the same well in a lot of the ones who are out they simply came across the border illegally and undetected but they're caught in large numbers they're simply taken back across the more rational form of deportation proceedings there's no bar because of the room move on  in in the area of immigration where the government has significant power the basis for the attorney general an act or  carrying out the immigration statutes here is one that the rational basis is that as the attorney general finds becomes aware of an individual who is illegal then there is a determination made to commen proceeding against that alien and that's what happened here until mr contreras submitted his asylum application which had a warning on it that he could be put into removal proceedings and the record on page fifty nine where his application is there is a warning up top that explains what may happen mr contreras wasn't known to the attorney general like many other one documented aliens and so at that point he comm proceedings the rational basis that exists in the categories of aliens is that once the alien becomes known to the attorney general then the opportunity for the attorney general to exercise that discretion o who is at large they don't stand different but for the fact that they're not one category is not known to the attorney general but the attorney general just can't turn away  us and allow him to remain illegally in the united states but there is a rational basis for the attorney general's enforcement of the immigration statute and that's what happened in this case