if we can guess what you might be about to say well actually i would contend that this case is even easier to decide simply because there is an alternative basis for relief which is that when there are change circumstances that there are no merit or time limitations to file a motion to reopen this is presented to the b i both in terms of the change country conditions that have been craning in mexico in addition changed circumstances it could fall within that more important than the actual country condition reports beginning in january february and march of two thousand and five which for the three months preceding the months and weeks preceding claim the state department issued travel advisories warning american citizens not to travel to mexico this is what we can tend to be the change circumstances are because his claim is based on the contention that he w students not to go to mexico because because of the danger that they will be in on the record itself in the six months preceding the filing of this motion and us citizens filed or a us citizen was killed twenty seven times in six months which is more than one a month given that mario encountered those problems when it's eleven years old and the situation is only can drastically worse that's quite a viable claim that ten needs needs to have the benefit  but it's probably less a question than an observation i don't know that you're going to be in any position to days to say anything but this case was the subject of a published opinion of our court once before practice that explicitly decried the injustice and couldn't figure out why why the government was possibly pursuing this case and justify the resources where years later after a lot more resources and i g asked a lot about how i feel about being a judge and so on and so forth one of the things i've often observed is that almost always we're able to do what we think is the right thing sometimes the law points in a different direction we understand that and then there are a handful of cases that stand that case a lot when i talked to law schools and so forth and here i am several years later seeing a case which of anything seems slightly worse than that one i have a very difficult time and certainly the government doesn't have to justify to us why the prosecutorial discretion is exercised in the way it was but if only to try to sleep better at night because i see what's going to happen in this case i mean it will be sent back to the board but the prospect of the board granting asylum because the conditions in mexico just let's just say that's about i'm not likely to take and so they firstly after the process runs out for another year or so this person being served with an order of removal appears to us from what we know to be both an incredible waste to resources license this is tax week i'm conscious of thing those taxes and i want to waste those resources heaven knows those agencies are overburdened the immigration officials have problems it seems to be an unlikely place to benefit the country by applying and spending those resources and the bottom line is about as unjust as i can imagine so i don't know me i take it your predecessors in this case probably communicated something similar after the first ninth circuit decision