more it was not a mere matter of her filing the papers it was a matter of getting her the person that she said she had married the american husband to required i want thirty petition on behalf of the respondent and unless such a petition was filed the respondent cannot apply for just kind of status as an immediate relative therefore we find that the respondent has failed to demonstrate that she could have applied for adjustment of status but for the immigration judges than i would a continuance i took that to be the explanation since it immediately follows the sentence for why there was no prejudice is it true that the b i a decision is more than six months after the eye jase decision and is it true that as of april twelfth two thousand and two when back in soaking at the certificate of service august of two thousand and two so i don't have a specific answer to the second question you asked are because we're limited to the record evidence in this case thirty am and then they attach even though it's not in the record and something that looks like is limited in this respect for the of the evidence that was before the immigration judge which is what was appealed and the evidence that was before the record that was before the board of immigration appeals which was appealed to this court there was no got married yesterday and i want to file an i want thirty and i j gives her a two month continuance turns into a three month continuance it doesn't get filed and then she has these other things well she's going to be a witness and some proceedings however and i'm sure you've been listening as well as talking in your argument do you have a guardian ad so that if we relayed submission of this case you can work out something other than just standing on what you think are the ins right or do you need to just go ahead and take your chances that will do what you think would be a mistake in the law and create that mistake indication and i can represent to the court that i hold the board you still didn't understand what i said i love what i was asking here was one possibility if we submit the case and we decide it favorably to your side another possibility is we submit the case and we decided favorably to the other side if we do that there's a risk of precedent adverse to the ins now lawyers who represent all run of the mill clients like insurance companies litigate a lot try to avoid those kind of precedents so when you give them a chance to settle cases that look like well the law is favorable but the facts are unfavorable they think settle them in order to avoid making bad law but sometimes government lawyers have no authority all they can do is just sit there and get the whole wet fish thrown in their face i don't know if that's your situation and i was asking is it worth the laying submission honor i think that's that that i can do i mean i can certainly contact the agency i mean that's that's my client is the agency and i can say what's the status of the motion to reopen because that question as to you would ask me what my heart wasn't the answer i was happy to hear but yesterday i mean it's i think it's the best that i can give you that i can contact the agency i can find out what the status of the most relevant is i can certainly make a recommendation it's a kind of answer when i was in practice we understand it's not you that makes the rules pursued the cases argument in the case is concluded at this time throws vs consults argument is concluded