right right up front your honor first of all this court through a different panel we managed the case back to the board of immigration appeals five months ago and she's now she's now she's out but on the other hand she can be detained honor her relief was immediately prior to the submission of a reply brief there are many issues that need to be raised but i'm prepared to raise that oral argument i have not yet received on the papers but system one eight hundred eight nine eight seven one eight you'll find out that she still has a final administrative order having had her administrative appeal dismissed on december thirtieth two thousand and two so despite this court's remand order the bo springer from jail correct and she's been strong i don't know what we will rule in your favor what will happen that hasn't already happened clearly we need a remand back to the district court for the following purposes first of all the district court found that she is attainable under two thirty six c that is that continues to be along the facts of this case two thirty six he did not apply to individuals find grounds well i mean if she's out of her five thousand dollars bond i don't know how they could do that and if they did i would suspect that you would be the first one at the court doors and put the government by statute and will very well she's been detained for thirty months and they have every reason to do so we have every reason to believe it they will do so again maybe we could get the government to address that issue right here before us and they us that's great wouldn't for abuse the government's power wouldn't that be helpful to you that would that would mean our travels have not been for or not but in addition to that your honor aside from having the  power to do so and i had a second point oh there is an inclination to do so they have fought she's been detained for thirty months on falsely to stain charges the by analogy subject to past persecution not to have a fear of future persecution and that's just not the case she's rather weary she's been damaged by thirty months of hard time in a federal detention center and she would be comforted tremendously by an order by remand order by this court to make sure that this the court ensures first of all that the board give respect to this court's order all that with the district court we will raise that with the district court if we must have you presented all those issues to the district but don't see she's weren't right to choose she she was detained what else did she have to be strong she  we don't step in the government's going to turn around and really incarcerated client ex post facto equal or bassoon without any further proceedings of any or any further reason is that the government's intention first of all she would have to make a deliberate attempt or owning things to violate the violate those rules so that would be a decision that she may or may not me as long as she keeps herself within the government first would have to find out about that something that may or may not happen but even if we do find out about it then it's a discretionary decision of the agency to put her back on a present or not so we have so many hypotheticals involved in this equation that we surely don't have an article three case or controversy before so much pending now with respect to this person your honor out waiting for a while waiting for the immigration  believe there is your honor it appears that she's been getting to profiteer anything scheduled for her not that i'm aware of your honor of this point you know how long it normally takes for something like this to be resolved somewhere in the process i don't we don't want that i don't want that i don't can't speak for my colleagues i don't want that to happen he's taken the trouble to get up there and ask for us for help we have your assurance that your cooperation with or standing the it we're not waiting for the immigration judge to correct anything in this case is the board of immigration appeals that needs to find ineffective assistance of counsel and the immigration judge can that's pending that is pending pending for five months and there's been no indication that anybody has acknowledged within his client's organization this board's regional order and one thing that we can receive it speaking for myself we don't do that they've got thousands of things they've got all kinds of people who have serious problems such as your clients to be improper for us to start telling them how to run our business that we can only