argue the quid pro quo that she turned herself in and asked to see the government expense and based on that detrimental reliance that she should be placed into room excuse me deportation proceedings and be allowed to apply for suspension of deportation relief as opposed to cancel  preserve his right here in the law at the time and that's what our case past our case has a brief departure in one thousand nine hundred eighty nine and when she returned from that she preserve her right at the in the law at the time and that's where the residency that could only be prospective once somebody had entered and then even though she departed for five months after being here for about a year she was under the stopcock regime that was  and could be applied because she had settled expectations that she left the country after five months or whatever she would always be able to show that it meant the it wasn't per se to restart the clock  n the implementation of the law to something that happened to be poor i don't need a different law so people know indians know that if they can get through continuous physical presence of some kind of status from the united states at a future date they conduct themselves accordingly they know that they can't leave for a certain amount of time or for a lot of the time and they conduct themselves accordingly based on that people are preserving their rights maybe i misspoke earlier saying that they are they were entitled to  the fact that when she left and she came back shortly after it should preserve her right to maintain her continuous physical presence this case is really about the interpretation of continuous physical presence and do out they just this throughout the immigration law there's always been some kind of avenue for long term illegal residents just their status through the registry program through the amnesty program the suspension of deportation and now the cancellation of removal there's always been an avenue in the touchstone for continuous physical presence in the us know that they conduct themselves accordingly and so by leaving and for a short period time in coming back she preserved her right underneath through a continuous physical presence argument honor so an administrative proceedings or not the administrative agency doesn't have the power to rule on constitutional issues it would be futile for them to bring it up before and their fuel therefore for a few chilly reasons there is no reason to landgrab and to some extent sincere about the ability to conform her conduct to the requirement that will is ultimately applied now in this case under a regime where somebody who's entered the country and is dependent upon the maintaining a continuous presence and the regime in the extent during a large portion of that time gives the immigrant the opportunity to argue that their departures were brief casual in the like and later on it was substituted for essentially a person a test if you go out that erupts it wouldn't words if i knew that if i had the part of the united states i'd start the clock all over again wouldn't that affect my behavior as opposed to regime misses i may need to go south because i've got to view family problems or whatever wouldn't change i mean she entered after the statute had changed i mean it's governed by the permanent rules particular case and if you look at this court's precedent in ram when it looked at another section of the statute that is the continuous in a transitional rule case that the law would change and that somehow you know the stop time rule in effect you in this particular case it's clearly a permit rules case so it would be unusual for congress to intend to different things within the statute especially in the statute that is clearly applicable in this particular case the permanent rules case so it's even a stronger case and then it was the issue in ram  as such the immigration judge was correct in that she did not have the ten years continuous physical presence under the law and this court should at least give chevron deference to that particular terminations and they find that the exhaustion argument