as it was before because under under the law and order that it's been executed is now a final order in prior to the change of the war in iraq ira there was a predecessor reinstatement provision in two thousand and two breath which was much more limited and in that responsibility discreet just to go over the facts and determine if an individual may be eligible for any form of relief and so when the immigration judge inquires and discovers that a person has either woful permanent resident or u s citizen parents  exception extremely unusual hardship so we can actually prejudiced by the immigration judge not advising him initially that he might be eligible for cancellation of removal and usually the immigration judge that i don't think you're eligible for cancellation of removal because you have this conviction and i don't think you can show good moral character now ultimately the immigration judge decided he was wrong about that but still denied in after reopening chances lation of removal it's the government attorney was challenging work with charged with knowing that she still can't show prejudice because he could have adjusted his status once he was removed in other words he could have filed a petition to enter the country and adjust his status and he didn't think anything now well he would have to leave the country and then speak and outside of the country to adjust his status what it would be granted or not i don't know obviously that now well but she didn't he didn't see to it just that he all he had was an approved this that the titian he didn't have an application for adjustment of status when he appeared before the immigration judge that even if he were presumably otherwise suman for the moment that in fact had he been properly legal and illegally advised either by a lawyer that he hired which he did not have of the initial time or by the government as to the here you know you have this petition for  or by the i j a let's assume that had he been properly advised in that initial proceeding he could have achieved a readjustment of things let's assume that ok is there any way that he can get back to that position to get the relief to are right now i'm a i want to you actually can carefully because you may be depending on the answer you're now giving well and so i are you saying not yes that's the position of government well what i'm saying is that i it would be up to the agency to well as the answer is i don't know your honor because i think there was an issue with respect to with each one because i think he's ever twenty one out i'm not quite sure if he can do it justice that i you in other words and i guess i'm not gonna want to lean on you unfairly i want to make sure that we understand each other you're suggesting them to him well you can go outside and apply for a judgment status as far as you know that may be a executed and is when somebody comes back in again it has to be reinstated correct so now this will order of the something the reinstatement is valid has been reinstated against him yes what happens if he's now r pursuant to the reinstated order he then comes back into the country and the order i guess the same orderly original order is going to be reinstated the second time yes what if he brings a he's waived any argument with respect to that in reinstatement and under ery all areola he needed to challenge that in reinstatement not reopening because twelve thirty one eighty five says that they can't say that that the expand that it's reopening before the agency and i would have searched this court that that would be wrong because number one it encourages aliens to illegally reactor and stick to reopen and started doing a process between challenging making constitutional challenges that are very old areola in a reinstatement challenging the underlying order and then also seeking to challenge it which is exactly what he's doing here in it before the agency therefore not only duplicating you have an answer to that are you well again i would assert that he shouldn't be challenging that in reopening he should have been challenging that in the reinstatement aspect of the case he's asking the court to extend aerial areola and bring this before the agency when it should be in front of this court originally this court set should be in twenty to forty one and a real id act changes that but i would also assert the position that he was asked if he wanted to appeal and he said no he was also asked if he wanted counsel and he granted one of the normal teen years that had the higher standard and that's important because our cancellation cannot be applied from outside of the country only for the immigration judge or over the government  correct going to mediation does not foreclose in the right you have to come here for your decision mediation is mediation it's not arbitration and what exactly is the i'm unclear what the boundaries are that we not if you agreed to go to with me to mediation is not an agreement with any raised that either side might have and if there's a failure in mediation the panel finds out nothing as to what happened in mediation except that successful resolution was not achieved we would agree to mediation ok we will will will will will prepare an order to that effect and i repeat that if if the mediation is not