now, when it turned out later that pereira hadn't received that notice, the i.j. -- actually turned out to be the same ij, reopened those proceedings. and -- and so that's the precise consequence that congress attached to the failure to give the date and time. you see it play out in the very facts of this case. this is the (b)(5) consequence. when congress said you need to get notice in accordance with paragraph 1 or 2 of section 1229(a), this was the consequence it had in mind. you can't get removed in absentia, and you have the authority to rescind it. now my friend says the date is important because it reflects the seriousness with which we're -- we're proceeding with -- with -- with the process. that argument was raised and rejected in a very similar context in edelman. there, the -- the question was whether the requirement that a charge with the eeoc be -- be under oath or affirmation was part of what a charge was. and the court said the point of that verification requirement was to ensure that the -- the complainant was serious enough and sure enough to support the complaint. that

there have been reports of a revolt among i.j.'s over the push for strict enforcement of faster processing under the terms administration. how are you dealing with that? dir. mchenry: i don't know that i would say there's a revolt. obviously there are individuals who disagree with some of the measures we have taken. there are arguments on both sides, but we are working with the judges. we are working with the union. we are fulfilling our obligations. mr. arthur: there are news reports the trump administration may be reassigning immigration judges from the courts in the interior to the border to respond to a recent spike in apprehensions. don't these reassignments make the backlog that you described backlog worse? , dir. mchenry: when we ran the numbers last year when there were judges reassigned, we found the judges completed i believe 2700 more cases than we would have expected them to have completed at their home-court. statistically, i'm not sure that's actually true. mr. arthur: so they are getting more cases done when they are