>> no, it by no means follows. >> we had a similar issue a few terms go, the florez vilar case, it was a criminal conviction. here, criminal convictions are not an issue. it has nothing do with alien. is that correct? >> right. >> the underlying criminal -- >> right, no, they were regular state law convictions. >> i take it the thrust of justice alito's question, what is the remedy, if we level up, it is easier for both, if we level down, then the -- it is harder for both. >> we think that the court the general rule, 1409 c is an exception to a general rule that governs the vast majority. the three categories of cases. married mothers, marry ried fathers and unmarried fathers. there's no reason that congress would have wanted unmarried fathers. >> one i could think of and i'd like your opinion about it is how many do you think unmarried fathers there were in 1952 who couldn't qualify under the long period of time, 8 years, and that's not so hard to do if you're in the army. but they would have qualified under the one year. now i use the numbers in your brief which were brilliant of you