counsel and consent to buying mendoza about which mendoza was aware insufficient time for mendoza himself to have pursued the family appeal of his gaze what this is about is that two days before the appeal the filing of the notice of appeal was due for mr mendoza his lawyer mr mom real costs and tells him instead of filing this knowledge of appeal it would be best if we just filed an h one b employment petition for you and mr mendoza thought well that's the recommendation of counsel then that's that's what should be done was that a practical legal inform mr mendoza is that if we file the visa for you and it's approved you can't adjust your status to it you have to go back to the philippines and wait ten years and maybe if your employer is still interested in you after ten years maybe you can get are particularly vulnerable more so than any other kind of client expect clients except children and mentally disabled they're almost entirely dependent on what their immigration attorneys advise them because they weren't born and raised here and generally not educated by the immigration judge one for the immigration attorney and the other for the government attorney there is no third paper that is given to the client everything is in the file and when the immigration attorney announced to the court he w he learned he realized wait a minute i would have to leave the country and stay ten years out of the country because of the ten year bar in court and posed by iraq you know then he filed the notice of appeal on two or three days after and then it of appeal which imposes no burden on him he wasn't filing an appeal brief that would have then given him the opportunity to say well now that the notice of appeal is filed let's think about this more more clearly are you prepared is the employer prepared to to  wait this time are you prepared to wait this time is there is there a possibility of applying for a waiver in order to be able to get below this three years or ten years all of those should have been properly discussed instead of not providing very often are subjected to this because when they get deported they can't complain they can't file appeals they can't say you know what the attorney told me what was wrong that's why immigration attorneys have a great responsibility to make sure because after this conversation two days before the following deadline it was five days later that mr mendoza who claimed that he does not he was not aware of what and what the consequences were filed  notice of the people by phone by sending the federal express there's no explanation in the record why he did that why just five days after this conversation if he had an agreement with the attorney that he sent a notice of pro se without missing his former attorney as his counsel of record what following the peel with the board of immigration appeals that that that evidence shows that the record does not compel that there departure period and within ninety days he could have moved to reopen with the immigration judge and this is and the reason why he would want to do that because if he had applied for the notice of appeal with the board status application so the board was then reminded to the immigration judge who would have then placed it on his calendar and adjudicated the motion at that time so by not following the notice of you take away the step of having to move to reopen the board which frankly your honor can take some time to adjudicate a case and given the fact that they had ninety days a problem motion to reopen and voluntary departure period what's going to expire in december that's a rational choice that's a strategic choice it's certainly not and in fact it's choice dependent on whether or not you are in proceedings you can obtain it of these adjusting status at that point where it depend whether or not you have a final deportation order for ninety days after that decision there was no final deportation order so during that period of time mr mendoza could have moved to reopen mu years and at that point more than ten years so he was clearly not eligible there was no basis for a motion to remain so that is clearly a misstatement of the law and so and then the other point i'd like to just say is that the record is clear in the declaration of mr mendoza that two days before the deadline mr mom real called me up and i vyse me that he would submit my employers that decision so it was not a matter of who