five let's get one thing straight though it was not an aggravated felony it was sexual assault in the fourth degree which is a misdemeanor and first and the significance of that but the pearl a case for example the court indicated it's not it's not an aggravated felony for sex abuse of a minor you take a look at the modified take a look at the modified modified determine whether or not it's an aggravated felony and the court in for real or here honestly did and i don't disagree with that i don't think anybody disagrees with that i don't think  that the government believes he committed a crime of moral turpitude well turpitude and what did the immigration judge determined to come up with that result number one on the modified approach you take a look at ninety ninety five the evidence before you on the indictment the probable cause determination as well as the p agreement is he touched the breast of a fifteen year old excuse me coun there was an accusatory pleading there was a modification of the indictment and that he pled guilty to the accusatory pleading as modified your correct but on the plea agreement itself you take note that  may have been charges felonies but they were alternately missed the meanest because the statute in guam says if this is your first offense it will be a misdemeanor but i guess what i'm trying take a look at is was his conduct was his conduct so veiled and so vile that when we click to look at it it's reasonable individuals as reasonable members of the community the breasts and there's no allegation that he was inside the clothing there's no allegation that what kind of touching it was and his testimony is the pings on case if it is defined whether the hawaii statute for salt in the third degree is a this may be a one case but the the analysis is the same to sneak around because there's some sense in the community there's something wrong that must mean more what you're doing but what shocks the conscience and gone may not shock the conscience and san francisco you are the record before you the record that that's here did does it shock the consciousness i would submit to your honor that in today's society it does not if there were more facts if there were more circumstances indicating that mr pindar in fact had sexual in sexual intentions for this matter  that it quite possibly could be but he testified that he was playing around and he stopped he stop as soon as he realized that it was and a child if the if the court moves to the modified categorical approach it can look at the plea agreement and again contrary to what mr  accomplish the touching so at least from from the victim's point of view this was not a playful interlude this was an adult male trying to trying to  board's interpretation is not clearly contra contrary to the plain meaning then the court will defer to it and i don't know how much times have changed but they haven't asked would decide whether he should he would be allowed to leave the united states using you know whatever standards they would deem appropriate but when the nine hundred ninety six act was passed congress to change the law about lawful permanent residents living in the united states and coming back and  basically did away with the flutie doctrine and and what they what they did is they put in place a sort of streamlined situation for a lawful permanent residen when they leave and they come back you don't have to go through this whole slew the analysis that we had before but there are several specifically e ana that's absolutely correct it's just that that he got caught yeah when he came back but that's absolutely correct your honor would there be discretion if he had stayed in the country and committed the crime versus but in terms of relief that he would be a no different situation than he has now is is that your question you know you know his situation would be no differen cross question well i think what he was i was reading is the fact that if there's something that was brought to the attention of traffic here or something like that he would be in the same position that's right or if he would just if t h s found him by serendipity he would still be in the same situation it wouldn't require a traffic ticket travel or anything really all right thank you thank you very much