case is not new to this court been here before and it's been before the district court at least two occasions the question is for us enter a final order of removal or deportation arrived in the united states nearly fourteen years ago and after having been placed before the immigration judge immigration judge granted political asylum to both petitioners and that there was a petition filed with this court and after proximately fifteen months the decision was made and the petition was dismissed and that time as the court already knows the history of this case the petitioners were in fact given permanent resident cards by the immigration service or they are accused of making a false statement on their application for their green card that's not to my knowledge your honor that's actually an interesting part of the case that they didn't disclose that they were bringing they were applying for the green  material they would find the appeal to the board of immigration appeals would find the transcript if you will that case that's going forward the notice is filed by the attorney my understanding is that the attorney that the short answer to that question is no they did not the attorney that they did have in the proceedings before the immigration judge was the same attorney who represented them it appears before the board and on their that was at the stage of the that was that the sec at the second petition for the second petition for review i think that if we if we if we look at this at the ira any case that goes up to the board of immigration appeals for the board disagrees with that decision of the immigration judge that case will then have to be remanded to the in aggression judge for a order of voluntary departure we have instead the board of immigration appeals stripping if you will the grant of asylum and then on its own granting voluntary departure for the family to leave the united the immigration judges duty bound to do is to tell the respondent the alien applicant of any and all of a little relief that is there for him at the time that he or she appears in president immigration judged so in the example that you provided to me today if an individual were in front of the immigration judge at one point and the judge grants and asylum application and if that individual at some later date became eligible for maybe something's happened along the way there's just no other basis that wasn't litigated before and so you're saying that goes back to the immigration judge an immigration judge is supposed to would benefit by alternative means of relief but is that anything more than that to the extent that an individual may have relief available to him in any form that unless the immigration judge has the case back in front of him and unless the board of immigration appeal now regarding the authority of the b i a to issue orders of deportation has been graced with the first time on appeal this issue was not raised in the district court and we continued it is prejudicial because the this is never been raised as an issue before now and even if the court considers the issue under i realize the because i did have the authority authorized by the attorney general shall make determinations including orders of deportation and this court is held and in cardozo persons from the stack of seven sixty seven aspec know i rarer the statute specifically says that the immigration judge shall make orders of deportation there was no such regulation or there was no such statute korea rare saying that only it an immigration judge can make orders of deportation and indeed the regulations the immigration regulations implied that there was a great deal of  authorized to exercise such discretion and authority as concurred upon the attorney general by law and as appropriate necessary for the disposition of the case which meant that they could review the facts and issue their own order other comments to make if the court has any other questions for me i'll be happy to answer them no thank you thank you for  board of immigration appeals takes away a benefit from an alien who is before the immigration judge that case is going to go back to that immigration judge there's no real world test only stand for the proposition that the only thing that immigration judge is going to do is issue an order of deportation i don't think that would that would be an absurd conclusion for us to take from  knows the department has three papering provisions repave green provisions would be for someone who's been mistreated charging documents and in this case and ordered to show cause that may not be able to qualify based on a ten years of physical presence in the united states depending