the sixty b to motion so we are not dealing with the underlying decision i thought we're dealing with whether he actually submitted new at the lens undiscoverable before new evidence that might address that issue then directly when the superior court in alameda county granted the knowledge based on the fact that the respondents wife siblings had misrepresented  period i mean willfully misrepresented his marital status at the find he became an immigrant and at the time he applied for naturalization why why is that evidence of anything stipulation they walk in on one day and the same day the district court to signs an order if you say that's true then our knowledge why is that any evidence at all first of all it's responded to her siblings not respond and not  her siblings do but never mind that they march in with the stipulation she wasn't represented by counsel they're both represented by the same consul finest that elation just what we committed fraud against him spirit court signs that  doing here is a value a thing whether a superior court judge of the state of california was was correct in issuing the knowledge the the fact of the matter is there was a knowledge the order based on the issue based on the fact that  the facts the don't go there because the problem is that those issues were not present that again this is a summary judgment proceeding and the big question is the second answer government found out about find out he was married that may be a factor if this case went to trial the judge may consider goes those factors in rendering a decision what i'm suggesting your honor is that if we were to apply the irrelevant to ask you know what kind of evidence is this compared to everything else because it is just a piece a person and then summary judgment can go against in any way and we don't it doesn't have material misrepresentation or whether it is not material to the issue of whether he would have obtained his his immigrant visa in the first place and his and his naturalization i think we are interested in your you want to save a little motion so all issues about whether there was a genuine issue of fact regarding this the motion for summary judgment as it is not before the courts for review in fact ding it's also very clear from the me about these cases we've got a few of them and granted relief and one and a few others is that basically you're accusing the stake or something a party to fraud aren't you i mean when you when you say you're saying that you were there duped or there are party to fraud because reason we're not going to give full faith and credit if you will to these judgments was that we think that people are doing this just to avoid immigration laws but in order to reach second kluge and seems to me you have to say well to speak or for being a party to fraud required to deal and he found that there was no issue of unusual circumstances before him so given those two things that he did there's absolutely no abuse of discretion on his part in his and his decision in denying the sixty  i think we've got your argument well in hand we'll hear from  in a trial where a judge had the opportunity to evaluate the evidence to consider all of those issues a court might find that it was material or might find that it was not material what was before the  judge in court or in a court in this case was was there any tribal issue of material fact before him at the time the summary judgment and when the new evidence came in and i just like to point out your honor it's not a matter of that they simply went to court  stipulation and out of signed by the judge i'd like to point who in the year in the in the page one nineteen there was a declaration that the petitioner filed with the court that went into exhaustive unlikely that it is for a judge at a trial to determine what is that serial what is not material evaluate the evidence and that's what we asked for thank you for your argument think both sides for their argument the case just argued will be submitted and will proceed to the last case on this morning's argument calendar which is united states against math counselor prison