general can exercise has to be guided by the legal principle there has to be a certain standard legal standard which has to be exercised your honor now r statute i do forty five i and all the applicants are filing their application has to be filed as for as long as the application i went thirty or labor certification continuance for this response of the theory which you presented i don't have authority to do that that now that one way to read that is he says i have started doing some continuous for three years sorry that's just outside any law and you don't know about the procedures for applying for asylum now here i am and so for that's just spread on the record and i'm reading between the lines i wouldn't be surprised if the i j a was saying was listen i can't give you the continuance that you want based upon their labor certification request but if you apply for asylum is going to take at least three years what do you do that what was what's going on here is that he was trying to give you a way to get to the place you wanted to get have now considered this exact issue and nearly identical circumstances to the circumstances of this case has held that an immigration judge does not abuse his or her discretion under such circumstances the only circuit that has even suggested that there might be an abuse of discretion i seventh circuit and the sub hunt case and even in that case the decision recognized that there were numerous reasons the immigration judge could have given but in that case and for denying the continuance which would not have been an abuse of discretion one of those reasons was specifically process to go forward and that was simply too long as for this court's question about the wording of the immigration judge's decision i think it could perhaps have been more artfully worded i think it's clear that the immigration judge recognized that he had the authority to manage his own docket and could grant a continuance but he was concerned about the length of the continuance in this case in light of the fact that the department had chosen to initiate removal proceedings and that was proceeding apa ability of a court to grant the what he describes as like a continuance i guess we can interpret that to say well he didn't mean it in so many words but is there a question is whether that the court talks about authority again i think that word that perhaps it picked a different work but every time it's in conjunction with phrases like blanket or the first time to continue a case prospectively for years duty is which is to determine remove ability decide removal proceedings that that was simply too long and i think the fact that every time he mentions authority or ability it's in conjunction with terms like blanket or for so many years  anything about that  so in the end it's still a discretionary process so i really can't say what happens now all that's happened now is one step in this long discretionary process has been completed  adverse consequence to taxes in terms of the ability to take advantage of the certification assuming that works its way through from the facts of the petitioners outside the country rather than him so the country i honestly i don't want to say the wrong thing i do not know the answer to that i assume since it's voluntary departure the sink i have first consequences that would attach if it was not voluntary departure if it was an order for move all would not attach but i don't want to make that representation  that's one thing if on the other hand it will poses for example a statutory waiting period because the person is now also to country that's a different thing and you or your answer is you don't know it as you stand here it is i mean my other answer is that irrelevant because we're trying to figure out ok what are the consequences for these various actions and as you try to evaluate how the i g is exercising his or her discretion you try to figure ok what would be the consequences what would put things in form of marriage is judgment isn't even the one with the labor certification so his case is even one more step removed than two thousand and three they would have had to stay married the labor certification would have had to be approved i mean all of this would have happened would have had to happen and now in two thousand and s we can look back with hindsight unsellable labor certification was approved and they're still married but those considerations the i g couldn't even consider them in two thousand and three none of that happened and so the question is given the purely speculative nature decision all arrived at the same conclusion and with somewhat lengthy analyses but they also focused both on the discretionary nature of adjustment which means that even if certification at three or four or five years they have removal and there's nothing in two forty five of that suggests that that's appropriate his citizenship because i because he belongs to indonesia and he was required to come forward and we just turned himself and then after he was subject to removal proceedings well i mean you then fired by a good save to filing off labor certification application but you never file such an application today no he did not know about it so that's why he's removed he came here and removal proceeding and moreover at this time i believe what the law requires is it's quite a good three filing of the labor certification and it also provides  and plus he has the consequence because he must he mean in this country illegally for more than a year so that would buy him for ten years and i so in other he will not be permitted to return to this country for ten years that is correct and the consequences if we really remand of the i j a saying that no you actually did have discretion to grant  you know i think it might be useful to have that precise point brief by both sides but could you make make sure the government has an opportunity to to do that how long does it and would you anticipate that it would take for a letter briefed on this point to be filed with the court also a little bit differently but i think you understand when you can you can work this through as you're working through your response what are the consequences for him if we simply deny the petition which will then result in the order of removal with alan terry departure compared to if we remain to say listen you really had it you had the authority to issue the continuance and please think about of some more it's been represented here there's a ten year bar if we simply deny the petition at this point  so so please make sure that the understanding that have been conveyed are accurate i understand it correctly that your honor if you mean in this country far far more than a say this but i will i would hope the quality of briefs submitted is better than the quality of brief so far submitted in this case not only citation of relevant authority but proofreading fragmentary sentences i waited to hear you speak and the problem is not a problem with the language the problem is with the qualit and i would simply say that i hope we get a better quality brief and the one we got