i keep getting host booted illegally.

Okay, First thing you got to do is to "File a Complaint" and select "Tampering" and Xbox will look at it. Lastly, you could call Xbox Tech and just tell them your problem and I'm sure they can help. I'm still here If you have follow up questions. I hope I helped and BYE.

yes thanks and im this close just to call my local police department.

Actually, what he is doing is called a DDOS attack, and making a call to the police is part of the recommended issue.

As far as xbox can do things, you can report and block the person, but what he is doing is actually very illegal, and very worthy of legal action.

This link has more info:

support.xbox.com/.../dos-attacks-faq

It doesn't mention the police as far as I can see, but I have heard that fact mentioned before.

Yes, contacting your ISP is the best way of stopping this person in a sense of preventing them from doing it ever again as they can trace the IP that was attacking you, often I have found with players on xbox live doing this are only amatures who don't hide their IP address when doing this. If you know your way around your router, you can find the IP address in the router's log and can black list the IP, but contacting your ISP and reporting the attack is the best action to take. You can indeded report the user however they do now have your IP address so being on xbox live or not makes no difference to them in a sense of attacking you or not