in reviewing the record and also the state bars the record regarding mr mason i believe what we have here is a case of a manifest in yeah we have mr mason who had a pattern and practice of his ten year plan under section two forty a which doesn't help anybody and usually is a railroad straight to an order every move will now the thing that makes it even worse in this case is the how are keys on it's on the face of the  before they were even asked if they had their hearing before the i j a and they didn't appeal the adverse decision a motion to reopen was five which is what we have correct your honor right now there are separate issues with respect to each of the two have here is a situation of two principal aliens it's his classification and her priority date and they have to go together they can do following to join the house to be a company if they do it together in your order in immigration the poor the order of consideration is one priority date t classification and three card three you're charged two now we don't have any questions across charge ability here under section two d of the act the part two to be simply because everybody is from mexico so based upon her based from her he gives her the classification she gives him the priority and she gets that he gets she gives him the priority date through look at the documents in this file in this record it looks as though at the time her father was admitted he wasn't married ok and she was born much later in time so what do we do with that you know mr markey knows article and interpret lisa's lays it out this regulation is a current regulation  what we're talking about what was the law before january first of one nine hundred seventy seven and under the savings clause of the seventy six legislation which because before seventy seven if you were from the western hemisphere it was one big non preference classification you weren't divided into three you know at the time no one through six so when her husband had the species of petition filed on her behalf she qualified for the same classification and if we were still operating under the seventy utilize it but you still think back to the core issues that whether or not this course george ability now you have any time you run across charge ability in this case is irrelevant because everybody is from mexico but only deals with you priority date back and i think even in the sixty's and that is way before any of the card off dates for any country in the world so it would be immediately available asking that it be reminded to the board for what purpose to reopen to take the adjustment of status upon approval the visa petition and then they can adjudicate whether western hemisphere priority date applies or not now what we have here is just we have like saying attorney who just had his ten year plan i would submit we had it would only claim here ineffective hemisphere priority dates you explained to me what that's all about well two explanations one we just simply submit it's wrong that's the explanation number one ok explanation number two which i already gave it refers to word process charge ability cross charge ability is a term of art that deals with section two of to be everybody here is from mexico we're not talking about crossing our new building but you know that  actually case which you cite talks about that and i agree but it concerns course charge ability in the context of so many and aliens foreign states for quite a purpose is not priority date you don't see any difference between these two things or the ash case we submit that the principle of two you know the idea of having two principle and leanne's where it comes together and it brings to it you know you can combine the two of a husband and wife that's what ashura stands for the other thing is that before seventy seven there was no quota system for the western hemisphere just as an example this is a friend of mine who was born in china her sons were born in canada when she became eligible for quote of these of her canadian sons under cross charge ability became chinese since after seventy seven the quota system does apply to the western hemisphere that's gone and i think that's what they're referring to i finally i actually comment somewhat confusing but it does refer only to cross charge ability well i feel better knowing now that you also tried to confuse everybody finds it date government's position and that the portion of there that preclude individual whose parents were not married at the date that they apply for admission and then did gainfully get admission which was in  know that she was actually married and therefore became eligible this is a relatively new argument that he's bringing forth as far as the applicability of the previous to what he's saying about this as far as the government had representing her mr mason i believe he initially was going to call both of them as witnesses the son which was four years old was admitted to be a spanish speaking individual if you look at the application she made for cancellation she stated that her children would conducted here and as she could have had an opportunity to testify she her attorney decided not to put forth her testimony and he could have attempted to do so but he didn't  i mean we ask the court also has to look at whether whether she actually was prejudiced by her failure to testify well and she's never put forth any type of information that she was going to put any take another strong or supports that you know that's not my sense of it but and were does that come from what's the basis for them statement you made and i believe that the manual stated that forty two point five at no four point three and they said there's no cross charge ability for western hemisphere priority states that's a derivative spouses in title to western hemisphere priority dealing cannot transfer regulation and that particular note simply talks about gannett's and capture and cross charge ability and part of our argument is i have this strange thing i look to the act first and not the descriptions of the act i also look at the binding regulations and we're looking at the savings clause and the provisions of our next case for