that the justification for  qualify them for the for the benefit well you don't have any you don't have anything to this since you don't have anything to support in terms of case law right well i mean you're asking us to go where no one's gone before because there is how case law on that particular point that's correct and so that's what you know we always worry about the slippery slope that if you know why you have why your clients have a very sympathetic situation you know where oh where would you know where would it start and in relation to the large number of people that have been looted from applying for some time based relief as a result of iraq ira however the court your role would be that if you had your ti before you left for of her ninety days and you had your time is that right you have your seven years that would that be if the period was a prude prior to the departure so the alien could then leave for any the rule was that the time continue to accrue and tell an application for adjustment was granted right before there was any notion of a stopped clock ye time period what is lawn or if their intention prior to the change in law their intention was to sever ties with the united states if in the perception of congress the had indicated was somehow so important to magically transform a foreigner into someone who had a stake in this country and some you know  hardship if they weren't given the opportunity to present a form of a request for a form of relief all of those things are not relevant right want to get back i tried to get that act but one thing after another came up and that period over the years that suspension was adjudicated not longer and longer and longer and tell the way that that could be made ok let's assume that the alien had established ten years but left for a year and came back that you would agree that under the statute as a currently stands that ten years wouldn't count you have to than ten years and then left for a year and came back and was placed in deportation proceedings with i guess now what we would call a notice to appear instead of an order show costs you would agree that were it not for the re new once you've been served with an order to show cause that was a separate issue that the ram changed address at the very end of its decision and that i think the legislative intent is perhaps a little bit different than the concerns raised here that when you have the order to show cause which is coming off that period therefore it's not necessarily going to the application may not necessarily immediately pristina you know your period of continuous  and actually in one nine hundred fifty three case which is referenced in a record at page fifty in the immigration and naturalization service that's on appeal to the board but they say it makes clear that congress chose the word issue when it's knowledge seen the difference or discussing the difference between the determination of the continuous physical presence period and just a break in the continuance of the call presence period which are the two  so i think that some of the questions that you may be asking opposing counsel just to clarify a bit is that the period if a person is here for ten years makes clear that it can't be crying or you can have accrued seven years prior to that break and then come back so i think that that and there's also a little bit of legislative history in the terminate forever so if you don't mean that since you have someone here that's then here went like twenty years or something in total and then of course you know if it if that's not sympathetic and nothing close back to take care of  and i'm just not sure of that and i think it could potentially affect a larger quite a larger number of people i also think that by doing that you're also not giving effect to congress to congress to enact things other provisions which which say that because of the circumstances surrounding the departure is that even though it's the aggregate of one hundred eighty days that it was nonetheless casual and innocent and was that allow us to doesn't allow for it