and we are going to go on to the very last case of the day and that case will be  and both a motion to reopen and what you consider are still pending i was advised what i what i had already known that the motion reconsider was received on september seventh two thousand and eighteen and the motion to reopen was received on october thirty first t here given that the integration except it is true that there were exceptional circumstances and based its decision on other grounds that were not your honor given the fact of the age of this young man given what he's facing is terrified of going back to guatemala where uncle was killed and he is also fearful that something will happen to their head if you're on your own he was only sixteen when this happened it is not fully understand the consequences he did not hear when he gets a court himself and did not become aware of these proceedings until many years later here i think during the totality of the circumstances the gravity of the harm is facing that you can address these issues  the governor's arguments concerning records action but his main argument regarding notice and i won't belabor them if the cow is no questions but he's now for the first time arguing that he lacks goes because of legal capacity that he was sixteen years old the time  that the wrong standard was used in the immigration judge's order that was not written for the board and that's something the board certainly addressed and provide a remedy for and we get to exceptional circumstances which is the only other way to reopen them send in a potential move or government had or something i mean this is back when he was just sixteen when they put didn't put north and whatever the address was completely in it right name and street didn't say which into the street and i  this case but that again should be exhaustive for the board to part can provide a remedy for that but it also is a relevant unfortunately what he's trying to do here to reopen is any sense of order needs to show lack of notice of his hearing or exceptional circumstances and that does not speak well to a lack of notice of this hearing that was personally started properly so that the stuff when a signal was sent to the wrong address that doesn't qualify for either one of these exceptions is really irrelevant unfortunate what he's trying sounds like your family is from a million with immigration status and pursuing legal status so just it didn't seem plausible that he would claim after fourteen years that he this whole time had never was aware immigration status and there is other reasons they also a person is undocumented and knowing that you've been ordered removed are two different things and i don't believe they've shown at all here that he was served that order or aware of it until two thousand and seventeen some fourteen years later once again consider his age of the time when it happened consider that he did not speak english consider that he was taken by a motorway and that he had no way to get to the court on his own consider what he's facing the monkey is always terrified of going back  reopen that's another way that these orders can be reopened that was requested and she denied to do that we think your honor she abused her discretion discretion because she said well you haven't come forward for the last fourteen years but she ignored the fact that the order was his request of to be able to stay in the country once again that we don't believe that the government properly met its burden initially in two thousand and three and we believe that the the board of the immigration judge here or not recently that we thank you very much and i think