states and this is not a case for where the alien did not appear for his hearing because here was afraid of being deported that would have happened on august fifteenth two thousand the first time that the petition was required to  writing notice you wouldn't think of telling people be sure to carry a picture id they don't tell you that when you get your plane ticket i don't think and this fellow he had lots of ideas if you had one for jose good years the server he had a whole bunch of i names that i don't think that means in an id card or a photo id and remember that at the export record page forty eight the new immigration court hearing notices do have in capital letters and advisable that the alien must bring photo identification to enter the building so this is not a a notice to this not a case we did not appear nor is it a case where the end did not appear because he arrived couldn't have taken a phone call anyway so was there a case is there any evidence that there was a phone there that he could call up to the courtroom while you are this is the federal building in san diego it's a very large building i mean at the security screening at least no evidence one looking for was an adjustment of status because he was married to an american woman and he really was married to a citizen american this or your fellow it wasn't just a matter of showing up he really had to win well you were i mean all all is understand i'm asking you should we distinguish thing because you're saying all you had to do was show up and he wins according to the published decision whether that's adequate representation of the facts or whether it could have been expanded ask your fellow it's pretty clear that discretion really was going to have to be exercised and it could go either way it's true but but your honor asked well first of all he was he wasn't eligible for tw it can be in the second floor the doors are closed that day so and i think even if the court isn't going to find that the notice was defective you know the thing that the think seeing is distinguish the negative and favorable and hopefully he'll be granted to see relief and remain a lawful permanent resident good morning your honor and melanie center representing the united states attorney general and the secretary of the department of homeland security your honor just keep turns on whether the board of immigration appeals abused its discretion when it affirms the immigration judges denial or both obviously troubled by the same thing he really did show up so why not let him make it through twelve seat pitch your honor the answer to that question is the fact that mr martinez pleaded did not fill out that immigration court he alleges that he appeared at the doors to the federal court the federal building but he did not have to identification with him what told him that he was required to have identification well your honor it's not clear from the record what exactly told him that he w needed identification however he never alleges he didn't know of the requirement that is we're going to treat this treaty that's pretty obvious from the circumstances of it he shows up there he doesn't have it he's there to appear and they won't let him in the building your honor respectfully in his his declaration page thirty four x or the record he simply states that he presented himself at the federal building and that because these new requirements were in effect he was not admitted however ok ok if you say he had some burden to show he was supposed to indicate that he knew he was supposed to have it or didn't know it was have it i would suggest that the bridges on you to show that he was somehow informed that he was requirements of courthouses on a daily basis so opposed suppose we said today to get into our building you needed to bring a passport and we just decided yesterday that we're going to have the passport day today and most likely call every attorney who needed to hear yeah and at the end if they didn't do that because the court didn't call mr martinez but i mean if the clerk if we just said ok thursday in pasadena it's going to be best for day to get into the building building they wouldn't let a man and he said i have court a ten earth one but the guard says tough you have to have an i d why shouldn't we just kind of some slack even if they did have the power i don't i i don't know that we have to say they case that the immigration authorities have a very heavy interest in ensuring that people show up for their hearing there are a lot of us who've there's so many immigrants in america a lot of us have had informal contacts and a lot of us hear about all kinds of arbitrary things my son was once helping somebody renew her h one b and they were in a room and some poor guy didn't have exact change to pay the fee and that he was desperate and they wouldn't make change done everything so my kid gave him five bucks so that he had the exact change and i don't understand why not  mean not to give people a break when they've done everything in good faith to do what they're supposed to do and then they can't because of a requirement they didn't know about well your honor respectfully again there are so record here does not reflect that mr martinez  that's what i thought he was saying your honor he very carefully did not state anything about his knowledge of the requirement indeed even in the opening brief his counsel did not state he did not know other than making a statement that reverse the record collector he did know now that the arguments all go to i see high interest rates that were not in effect the last time i appeared as meaning it was new to me but i guess you're right it doesn't exactly telephone call to his attorney to his attorney office who could then start searching for him another question is why the turnings is not requested continuing to step outside and use his cell phone do you have a cell phone contact my client then i could step outside and hopefully it would have been nice to know if you had a cell phone i know the ladies usually have to turn them off because the ring get the benefit of that he did receive the benefit that your honor he had a case reopened and then he failed to take advantage of that benefit by failing to appear for work by getting to the merits if it says my guess is is and i don't know this that there are two ways to say no to this fellow one is i should have the downstairs door vision ever made it to the court room so you lose and the other is well reopened we'll hear your case you're an aggravated felony we're not going to give you t important to hold on to the failure to appear and have position for denying relief in this case in the case of somebody who really did show up the well i couldn't find parking but there we have we have it with no no no that's not that's not true at all we already have cases that say that traffic it can't find parking are not are not excuses that's a whole different story than when you show up at the door they turn  to see the distinction between showing up and having them send you away and not allowing enough time to find a parking space yes your honor i recognize that distinction however the issue here is that mr martinez the record and with respect there is a footnote in the brief government's brief about ineffective assistance or failure communication but how far is the government prepared to take that argument that that i am to blame or the attorneys to blame for not telling  telling the client i mean why not have the attorney give all the advise will change of address consequences afraid to appear why give witness at all when you just call me and say hey tell your client to be here and that day  so and also this the there is no evidence really on that issue because for example on what date were these security measures implemented when was the attorney notified of the change requirements how many times had the attorney entered in the building