reconsideration and reopening the board of immigration appeals believe on april fifteenth two thousand and three denied both motions subsequently the petition in this case also petition for review of the board's order denying the motion to reopen and after the petitioner filed their or his her opening brief the government filed a motion seeking rematch of the board so that the board could determine reconsider whether or not the tensioners motion for reconsideration was timely the court had denied the motion for reconsideration as being untimely  it seems to me given that the matter is now before the board to determine whether or not a motion for reconsideration of the original final order of removal  jurisdiction when the what day your honor i don't know when the when the board when the court i can't i don't know the date the court grants that our motion happened is i the reason i learned about the denial of the motion for reconsideration in the opening is because i was assigned to argue the case and i noted that there would have been a motion to reopen and so i searched the board's records to indicate if there had been any to determine whether or not they're going to any action and learned that the matter had been that the board had decided the motion for reconsideration and denied it  court i assumed and perhaps incorrectly that sent the second place back if you will the second petition back since it appeared to have enough information and open move to reopen and reconsider i'm not so quite sure about the timing with respect to the first appeal but they certainly did after after the issuance of the board's final order moved to reconsider and reopen the board  to this court right now and then and i don't again i don't have the date of the motion i just actually had a chance to quickly glance at it down in the clerk's office this morning the government moved  reconsideration in this case they are i mean sometimes they kind of the kind of emergency it's a it's a bit muddy at times but in this case there were two separate motions and the board denied them both and again but they didn't of the board's first order and the words first order is in front of this court so essentially when the motion for a man was granted the matter was remanded to the board of immigration appeals to determine whether or not it should reconsider its determination its that the motion of reconsideration was untimely and obviously if it determined that the motion for reconsideration was timely it would then consider the arguments made to the it then why did you move three men to consider whether it was time your honor i attempted to contact the attorney who found that motion i don't know i mean obviously it would seem clear  that the attorney who filed the motion on behalf of the government thought it might be time i thought it might be timely or thought that there was certainly was an issue that the board may not have considered so i think the bottom line is if the reconsider the board finds a motion to reconsider ration timely and it will then reconsider the basis of the order which is before you so it seems that this appeal would be at least at most premature court does not have jurisdiction so i guess we would ask that the court dismissed this appeal for lack of jurisdiction and of course that one minute you're shaking your head i love all of this and also your eyes went up to the ceiling reopening excuse me motion to reopen and or reconsideration is filed with the board the supreme court has held that that does not require the dismissal of the first appeal and the supreme court also suggested that w proceedings on reopening reconsideration were completed then there would be no need for a new appeal the two would be merged however saying that so i think that's the way it should have done i over this matter if that's if it's if there's no final order of deportation slash removal and it can only dismissed you certainly can fashion an order noting the supreme court's dictate and i mean that's first of stone and preserve the opportunity for probably the best move right now is for us to simply take this thing off the calendar and require you within ten days to file