remanded for further proceedings consistent with this opinion

Instead, we held that the BIA's denial of relief lacked substantial evidence because "[c]umulatively, the experiences suffered by Korablina compel the conclusion that she suffered persecution." 1252. The Opinion does not indicate that the IJ or BIA failed to consider all of the relevant evidence proffered by Sosa; nor does it conclude that the IJ or BIA was incorrect in deciding that Sosa's individual incidents of mistreatment were only acts of discrimination and/or harassment, which did not rise to the level of persecution.8 While the majority remands the matter to the BIA for a "cumulative-effect review," it is not exactly clear what such a review would entail, and the Opinion does not offer any hints. Divane v. Northwestern Univ., 953 F.3d 980, 983 (2020). See Physicians' Desk Reference 2496-2497 (53d ed. Tibbles discussion of the duty to monitor See Pet. Moreover, the mitigating measures are not always effective and do not always completely eliminate the adverse effects of the disease. R. App. see United States v. Marcus, 130 S. Ct. 2159 (2010). At the time of the district court's summary judgment ruling, the case law, the legislative history of the ADA, and the implementing regulations all supported the view that mitigating measures should not be considered in determining whether an individual was substantially limited in a major life activity. __" refers to the page number of the Brief filed by the Appellants. at S10,801 (statement of Sen. Conrad). Evidence was presented and the IJ fully considered all of the following areas which Sosa proffered to establish past persecution due to his dwarfism and/or human rights advocacy: (1) his childhood experiences; (2) educational adversities1 (i.e., his initially not being allowed to attend any school,2 the bullying he encountered from his fellow students, and the lack of support from some teachers); (3) employment barriers due to his dwarfism;3 (4) his having been a victim of crimes in Guatemala (e.g., his being mugged on a number of occasions);4 (5) death threats due to his advocating for persons diagnosed with dwarfism;5 (6) the medical care received by his brother (who also was a dwarf and who died after seven days of hospitalization for a lung infection);6 and (7) social mistreatment.7 The IJ concluded that Sosa was not "eligible to receive asylum" because "the Immigration Court has gone on to recognize that in every instance what [Sosa] may have experienced was nothing greater than discrimination focused on him. If the hyperglycemia is not treated effectively, long term consequences may include weight loss, kidney damage, blindness, severe swelling, loss of circulation due to hardening of arteries, nerve cell damage, loss of consciousness, heart attack, stroke, and death. The lack of and/or inability to use insulin causes abnormally high levels of glucose to remain in the blood. Alice M. Batchelder, Authoring Chief Circuit Judge; David W. Like petitioners, the plaintiffs in Tibble alleged that their plan fiduciaries had offered higher priced retail-class mutual funds as Plan investments when materially identical lower priced institutional-class mutual funds were available. Id., at 525526. Barrett, J., took no part in the consideration or decision of this case. Of Law Exam'rs, 156 F.3d 321, 329 (1998), vacated and remanded for reconsideration, 119 S. Ct. 2388 (1999). The court instructed the jury that Schaefer was a person with a disability within the meaning of the ADA: 5. [Sosa] has failed to point to any violence or threats of harm towards his specific organization, or any organization that is lobbying on behalf of the disabled in Guatemala." m. k. nutson, appellant. Title II of the ADA, which prohibits discrimination by public entities, took effect on January 26, 1992, and therefore was in effect when Schaefer was terminated in March 1992. (Web site) Remands Therefore, a remand is appropriate to enable the Arbitrator to clarify the basis of his award. Sotomayor, J., delivered the opinion for a unanimous Court. On March 19, 1998, the district court denied defendants' motion for summary judgment (JA 489-506). However, the BIA remanded the issue of whether Sosa had a well-founded fear of persecution because the IJ never made findings as to whether Sosa "is a member of a `disfavored group' or whether [he] is at an `individualized risk of being singled out for persecution. Box 66078 Washington, D.C. 20035-6078 (202) 514-3510. "JA __" refers to the page number of the Joint Appendix. The Department is also responsible for enforcing Titles II and III through litigation and for providing technical assistance. The rest is up to the court below. See 42 U.S.C. endstream endobj 95 0 obj<> endobj 96 0 obj<> endobj 97 0 obj<>stream 4. The BIA, therefore, erred and we remand for it to apply the correct legal framework for evaluating withholding of removal's nexus requirement. Did Mcconell v United States basically legalize Court will confront jurisdictional jumble in the case of SCOTUS Oral Argument Thread - TURKIYE HALK BANKASI v Would it be constitutionally permissible, Press J to jump to the feed. The question was, why not just say "consistent with this opinion?". Share sensitive information only on official, secure websites. Fourth, Salguero Sosa points to a statement by a public officialmade in the context of a legislative debate over a proposed disability lawthat "disabled people only constitute an expense for the country." Withholding of removal requires a substantially similar (though not identical) showing as asylum. Burlington Indus., Inc. v. Ellerth, 524 U.S. 742, 765-766 (1998). 485, Pt. 485, Pt. For the foregoing reasons, the petition for review is GRANTED IN PART, DENIED IN PART, and REMANDED. Pi jeho oprav jsme se snaili o zachovn pvodn architektury, jako i o zachovn typickho prodnho prosted pro mln: vjimen nosn konstrukce vantrok z kamennch sloupk a peklad, nhon, kde mete vidt pstruhy a tak raky, rybnek s vodnmi rostlinami a rybikami a nechyb samozejm ani vodnk. Id. The BIA, therefore, erred and we remand for it to apply the correct legal framework in evaluating past persecution. Dist., 184 F.3d 296 (3d Cir. While defendants' appeal was pending, the Supreme Court decided Sutton v. United Air Lines, Inc., 119 S. Ct. 2139 (1999), and Murphy v. United Parcel Service, Inc., 119 S. Ct. 2133 (1999). Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. 1998). . SANDRA H.,[1] Plaintiff, v. COMMISSIONER, SOCIAL SECURITY ADMINISTRATION, Defendant. The case is remanded for further proceedings consistent with this opinion. The Court noted that "individuals who take medicine to lessen the symptoms of an impairment so that they can function [may] nevertheless remain substantially limited." (8) See 29 C.F.R. There, the IJ found that Korablina, a Jewish Ukrainian woman, had suffered a "serious [form] of discrimination" but "her numerous experiences did not amount to persecution." I just came across a post in this sub, but it was posted many months ago, so I can't comment on it there. 2008). Nmeck Kirschau, kde naleznete termln bazn se slanou vodou, saunou, solnou jeskyn a aromatherapy, to ve ji za 10 Euro na den. 12131 note (citing Pub. HlN wFw 21kLy EG0Y2_F8lu;0VVT`K. 3. WebThe judgment of the Seventh Circuit is vacated, and the case is remanded for further proceedings consistent with this opinion. 11-14, infra, it is an impairment. Instead, the Seventh Circuit focused on another component of the duty of prudence: a fiduciarys obligation to assemble a diverse menu of options. See ibid. In attempting to rebut this finding, Salguero Sosa points to four categories of evidence. a. Respondents administer retirement plans on behalf of current and former Northwestern University employees, including petitioners here. 0000006774 00000 n (KAA) Similarly, at the time of the district court's decision denying defendants' motion for summary judgment, the majority of the courts of appeals had held that mitigating measures should not be considered in determining whether impairment substantially limits a major life activity. The legislative history indicates that Congress believed that persons with diabetes might suffer from such discrimination. Justice Barrett took no part in the consideration or decision of this case. On this appeal, all claims and arguments were rejected. 7. 42 U.S.C. Voting and Election Resourceswww.vote.gov. 2. Nor does the State question the court's instruction to the jury (JA 761) that Schaefer was "qualified" for the position. 1. Complicating the task of managing diabetes is that an individual may feel fine and be unaware that high or low blood sugar is severely damaging certain body systems. (2) Plaintiff alleged generally that she was a person with a disability under the ADA and also that she was "perceived by her supervisors and co-workers as suffering from a disability" (JA 16-17). Id., at 531. at 39; see also H.R. Micronase may also cause a number of other side effects in patients, including gastrointestinal troubles, skin allergies, and other significant problems. Id., at 531. Thus, [a] plaintiff may allege that a fiduciary breached the duty of prudence by failing to properly monitor investments and remove imprudent ones. Id., at 530. In asylum cases, petitioners must show that one of the five enumerated categories is "at least one central reason" for their persecution. Even with the use of mitigating measures, persons with diabetes are significantly more likely than persons in the general population to develop heart disease and cardiovascular complications, retinopathy (a disease of the retina that can eventually cause blindness), kidney disease, damage to the nervous system, abnormally severe infections, and severe foot ulcers, which, if not properly treated in time, may make amputation of the foot or leg necessary. Disclaimer | En Espaol. 0000004920 00000 n Her condition was sufficiently severe that she was hospitalized twice. 1252(b)(4)(B)). An appeals court may remand a case to the trial court for further action if it reverses the judgment of the lower court. In 2017, respondents moved to dismiss the amended complaint. This case comes to the Court on review of respondents motion to dismiss the operative amended complaint. Lets take a look at five cases involving a criminally accused named Glenn Marcus. This fiduciary duty of prudence governs the conduct of respondents, who administer several retirement plans on behalf of current and former employees of Northwestern University, including petitioners. In addition, persons with diabetes may be covered by the statute because they have a record of, or are regarded as, being disabled under the second and third prongs of the definition. Because this error of law may have affected the verdict, it is appropriate to vacate the judgment. On January 24, March 10, and May 20, 2014, hearings before the immigration judge ("IJ") were conducted as to whether Sosa qualified for relief from removal. During the time period at issue here, Schaefer took a prescribed medication called Micronase (also known as Glyburide) to control the effects of her diabetes (JA 511). Consistent with the foregoing opinion means the appellate court has told the lower court how to proceed for further <]>> 1998) (mitigating measures should not be considered); Matczak v. Frankford Candy & Chocolate Co., 136 F.3d 933, 937-938 (3d Cir. Napklad ndhern prosted v Nrodnm parku esk vcarsko. 2, 101st Cong., 2d Sess. See, e.g., Korablina, 158 F.3d at 1043-46. In the courts view, because petitioners preferred type of investments were available, they could not complain about the flaws in other options. First, plaintiff may be able to establish that she is substantially limited in a major life activity notwithstanding the mitigating measures she takes to control her diabetes. Six months after the district court's decision, the Second Circuit held that whether a person is disabled should be assessed without regard to the availability of mitigating measures or self-accommodations. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site. Our firm knows how to fully assess an individuals case and how to identify the strongest grounds for appeal. WebThe judgment of the circuit court is reversed, and the matter is remanded for further proceedings consistent with this opinion. . See id. NOTICE:This opinion is subject to formal revision before publication in the preliminary print of the United States Reports. Defendants contended that Schaefer was frequently absent and that she was fired because her work performance was unsatisfactory (JA 786-792). at 768 (Guy, J., concurring in part and dissenting in part). Abortion Cases Take Originalism Debate to the States. 2021) (quoting 8 U.S.C. Press question mark to learn the rest of the keyboard shortcuts. See Guo v. Ashcroft,361 F.3d 1194, 1203 (9th Cir. 2003) (government acquiescence). A: It means a reviewing court, usually a court of appeal, has determined that a trial court judgement should be vacated, or in other words, eliminated. When it remands a case that came from a federal court of appeals, it does say "consistent with this opinion." Tio01*N _TH iZYx^|gK V Tibble concerned allegations that plan fiduciaries had offered higher priced retail-class mutual funds as Plan investments when materially identical lower priced institutional-class mutual funds were available. Id., at 525526. Salguero Sosa is a native and citizen of Guatemala. A The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. No. See, e.g., Taylor v. Phoenixville Sch. 01-13-2023 . 0000005636 00000 n ., the cumulative effect of the harms is severe enough that no reasonable fact-finder could conclude that it did not rise to the level of persecution. The majority goes on to state: "We have previously held that when determining whether a petitioner's past mistreatment rises to the level of persecution, the BIA must apply cumulative-effect review." 2022). Rep. No. ; CECILIA E. NORAT; RAYMOND C. GREEN, ESQ. Given the clear congressional purpose to protect persons with diabetes, the Court's decision in Sutton v. United Air Lines, Inc., 119 S. Ct. 2139 (1999), cannot be read to hold that diabetes can never be a disability. By accepting all cookies, you agree to our use of cookies to deliver and maintain our services and site, improve the quality of Reddit, personalize Reddit content and advertising, and measure the effectiveness of advertising. Remand was not necessary because there was nothing that the District Court was required to do. Pp. 1997) (same), cert. The cumulative-effect requirement articulated respecting asylum applies with equal force to Salguero Sosa's withholding of removal claim. Supreme Court vacated judgment of court of appeals and remanded case for further proceedings consistent with its opinion that non-frivolous argument is not sufficient for expropriation exception to apply, which matter must be decided as close to outset as possible. The Court remanded, so that the Seventh Circuit may reevaluate the allegations as a whole, considering whether petitioners have plausibly alleged a violation of the duty of prudence, which turns on the circumstances prevailing when the fiduciary acts. As a result, she became very ill and almost died (JA 564-565, 580-584). . In November 1998, Schaefer's claims proceeded to trial (JA 508). We grant the petition in part, deny in part, and remand for further proceedings. 2022). A case is remanded when it is sent back to a trial court for further proceedings from BUS 160 at Citrus College. The court determined that respondents had provided an adequate array of choices, including the types of funds plaintiffs wanted (low-cost index funds). 953 F.3d, at 991. v. 36, App. Seznam poznvacch a zitkovch aktivit pro dti. Click the citation to see the full text of the cited case. 1999). The use of insulin and some oral medications, however, can cause too much glucose to cross the cell membranes, resulting in hypoglycemia. Persons with diabetes have trouble secreting or using insulin, a crucial hormone that "drives" glucose from the bloodstream into the cells where it is metabolized. Korablina, for instance, took a textbook rule-application-conclusion approach to the issue of whether the petitioner had suffered past persecution. See id. of the House Comm. In March 1991, she was hospitalized for several days due to complications arising from the disease (JA 529, 533). . The Senate Report noted that "individuals with controlled diabetes or epilepsy are often denied jobs for which they are qualified. 485, Pt. that discrimination is less provocative than persecution. 208.13(b)(1). 1996) (same); with Sutton v. United Air Lines, Inc., 130 F.3d 893, 902 (10th Cir. WebThis Court then remanded the case for the court below to consider whether the plaintiffs had plausibly alleged such a violation. When it remands a case that came from a federal court of appeals, it does say "consistent with this opinion." 210934 Cornell v. Benedict 10/13/2022 In an Because the content of the duty of prudence turns on the circumstances . The IJ noted that Sosa's testimony at the hearing was "at variance" in certain material areas with the lengthy reports which he provided to the police following the incidents; especially where he failed to inform the police of the alleged comments made by his attackers or his belief that the attacks were due to his advocacy activities. In the courts view, this eliminated any concerns that other plan options were imprudent. Satcher v. Honda Motor Co., 993 F.2d 56, 57 (5th Cir. On appeal, the US Supreme Court disagreed with the Second Circuit. denied, 522 U.S. 1048 (1998); Holihan v. Lucky Stores, Inc., 87 F.3d 362, 366 (9th Cir. In the courts view, these offerings eliminat[ed] any claim that plan participants were forced to stomach an unappetizing menu. Ibid. Click on the case name to see the full text of the citing case. Create an account to follow your favorite communities and start taking part in conversations. 0000009837 00000 n The Commissioner's Motion for Remand (ECF 15) is GRANTED and the ALJ's decision is REVERSED and REMANDED for further proceedings consistent with this opinion. As to the issue of whether there is a pattern or practice of persecution against "human rights defenders" in Guatemala, the IJ found: "[t]he record here indicates that the Guatemalan government works with many human rights [organizations] and many operate in the country without restriction. Collectively, those decisions denied Salguero Sosa's application for asylum, withholding of removal, and CAT relief. Since at least 1990, plaintiff Regina Schaefer has had Type 2 Diabetes Mellitus (Type 2 diabetes) (JA 508, 511). 1998). of Nassau County v. Arline, 480 U.S. 273, 284 (1987). prevailing at the time the fiduciary acts, 29 U.S.C. 1104(a)(1)(B), so the appropriate inquiry will be context specific. 2014) (quoting 8 C.F.R. we reverse in part, and remand for further proceedings consistent with this opinion. However, the IJ found that there was "nothing in the evidentiary record to substantiate" Salguero Sosa's testimony about what occurred at the hospitalother than the fact that Salguero Sosa had an older brother who died while being treated for a lung infection. Summaries of. (See Order). The relevant consideration is, therefore, whether an individual with diabetes has a disability under one of the three alternative definitions set forth in the ADA. ORDER ON 16 DEFENDANT'S MOTION FOR REMAND FOR FURTHER PROCEEDINGS PURSUANT TO SENTENCE FOUR OF 42 U.S.C 405(g) - The Commissioner's motion for remand for further proceedings pursuant to sentence four of 42 U.S.C. for Cert. 1227(a)(1)(B), he conceded removability and applied for asylum, withholding of removal, and CAT relief. Cumulative-effect review is essential where "[a] single isolated incident may not rise to the level of persecution, but the cumulative effect of several incidents may constitute persecution." In 2016, they sued: Northwestern University; its Retirement Investment Committee, which exercises discretionary authority to control and manage the Plans; and the individual officials who administer the Plans (collectively, respondents). 9 F.4th at 1060 (cleaned up and citations omitted). BASIC FACTS Defendant visited William Lesterhouses antique store in Mattawan on October 30, 2011, close to closing time. Rep. No. The new sentence was affirmed and the case was NOT remanded back to the District Court. Perhaps the eds., 14th ed. See United States v. Marcus, 487 F. Supp. >*H But respondents provision of an adequate array of investment choices, including the lower cost investments plaintiffs wanted, does not excuse their allegedly imprudent decisions. Expense ratios tend to be higher for funds that are actively managed according to the funds investment strategies, and lower for funds that passively track the makeup of a standardized index, such as the S&P 500. The majority does not attempt any such exposition; nor do any of the cases cited in the Opinion contain such delineation. at 283-284. Whether plaintiff, who prevailed before a jury on her ADA claim based on instructions that were incorrect in light of subsequent Supreme Court precedent, should have the opportunity to prove her claim under the appropriate legal standards. And by the time of trial, the Second Circuit had also held that whether a person is disabled should be assessed without regard to the availability of mitigating measures or self-accommodations. The second is Guo v. Sessions,897 F.3d 1208 (9th Cir. Given the state of the law, however, plaintiff was not required to do so. Zatm jsou pipraveny ti pokoje (do budoucna bychom jejich poet chtli zvit k dispozici bude cel jedno patro). The jury clearly rejected the State's proffered reasons for her firing. But, if the appeal is successful, the Court of Appeal will remand the case back down to the trial court for further proceedings. In rejecting petitioners allegations, the Seventh Circuit did not apply Tibbles guidance but instead erroneously focused on another component of the duty of prudence: a fiduciarys obligation to assemble a diverse menu of options. 4. 485, Pt. endstream endobj 94 0 obj<>stream 3, 101st Cong., 2d Sess. In brief, the Supreme Court held that the Second Circuit had used the wrong legal standard with respect to Marcus Ex Post Facto Clause challenge. For the reasons set forth below, we remand the case for further proceedings consistent with this opinion and retain jurisdiction. T: +420 412 387 028info@mlynrozany.cz rezervace@mlynrozany.cz, I: 42468701GPS: 511'45.45"N, 1427'1.07"E, 2022 - Restaurant Star mln | Vechna prva vyhrazena | Designed by G73 and powered by kremous.com. Although the adverse effects of diabetes can often be mitigated through the measures discussed above, the disease is never cured. 2020) (quoting Guo, 897 F.3d at 1217), and requires the infliction of "an extreme form of cruel and inhuman treatment," 8 C.F.R. The BIA nowhere acknowledged Salguero Sosa's request for cumulative-effect review, nor did its analysis ever demonstrate that the BIA took a cumulative look at the various instances of harm Salguero Sosa asserted. Seznam rozhleden v okol luknovskho vbku v esk republice a v Nmecku. Petitioners meet this burden if they show that they have a "clear probability of persecution," Aden v. Wilkinson,989 F.3d 1073, 1085-86 (9th Cir. 46. The District Court granted the motion and denied leave to amend. 10 Thus, the Opinion is totally opaque The Court of Appeals agreed and vacated Marcus convictions. I find it necessary to address what transpired at the oral argument of this case. See ibid. 485, Pt. But this Court should not accept the State's argument that the judgment should be reversed and the case dismissed. We review legal issues arising from administrative proceedings de novo, including analogous contentions that the BIA applied an incorrect legal framework. Objednnm ubytovn ve Starm mlnu v Roanech udluje klient souhlas se zpracovnm osobnch daj poskytnutch za elem ubytovn dle "Prohlen" uveejnnho zde, v souladu s NAZENM EVROPSKHO PARLAMENTU A RADY (EU) 2016/679 ze dne 27. dubna 2016, lnek 6 (1) a). 485, Pt. at 156, 323. I concur in the majority opinion's ("Opinion") remand of Sosa's withholding of removal claim and denial of his application for protection under the Convention Against Torture. Similarly, an employer may unfairly assume that persons with Type 2 diabetes have their condition solely because they don't control their diet or weight. When the Court remands a case that came to it from a state court, this is the language it uses. When appellate courts resolve post-conviction appeals, if the appeal is successful, the appellate court will complete their ruling by ordering that the case be remanded for further proceedings. Sometimes a phrase is added requiring that the further proceedings be consistent with this opinion. So, what does remand for further proceedings mean? right lower extremity, and (3) skin cancer and to remand the matter for further proceedings consistent with this motion. 208.16(b). 0000003733 00000 n In Tibble, this Court interpreted ERISAs duty of prudence in light of the common law of trusts and determined that a fiduciary normally has a continuing duty of some kind to monitor investments and remove imprudent ones. 575 U.S., at 530. First, there is a question as to whether the Circuit has previously articulated such a rule. `@!W0`8 0G] h H*vR pTe 6\6U y' j[@V9\Q3; xQ/ x*g E.E For withholding of removal, by contrast, petitioners need only show that one of the five enumerated categories is "a reason" for their persecution. THE STATE INSURANCE FUND; MARTIN A. FISCHER, ESQ. We reject the government's limited, fact-bound reading of these decisions for two reasons. 1999) (holding that plaintiff who took medication was still substantially limited where, inter alia, her condition was sufficiently serious that she had seen her doctor 25 times in the previous year). 12102. n. ebRaska, appellee, v. s. had. Id. Thus, [t]he amount of fees paid were within the participants control. Ibid. and should not be considered on remand. See United States v. Detroit Timber & Lumber Co., 200 U.S. 321, 337. Rather, the cases merely reference (or are variations of) previous holdings that state: (1) "[a] single isolated incident may not `rise to the level of persecution, [but] the cumulative effect of several incidents may constitute persecution,'" Korablina v. INS,158 F.3d 1038, 1044 (9th Cir. Opinion. What Do I Do After Being Arrested for a Federal Crime? There does not appear to be a published case where the Circuit actually held that some sort of established "cumulative-effect review" must be applied by the IJ or BIA when determining whether a petitioner's past mistreatment rises to the level of persecution, and that the failure to conduct such a review warrants remanding the matter back to the BIA. [Filing No. From approximately 1973 to 1991, Schaefer worked at the New York Office of General Services as an office clerk (JA 515-533). 405(g) is granted. See Diabetes Mellitus: A Fundamental and Clinical Text 251 (Derek LeRoith et al. Salguero Sosa challenges the BIA's denial of withholding of removal by (1) raising the same argument he made in his claim for asylum regarding cumulative-effect review; and (2) arguing that the BIA erred by applying asylum's heightened nexus requirement. The BIA erred by failing to conduct cumulative-effect review when assessing Salguero Sosa's evidence of past persecution. /s/ Douglas B. Shapiro /s/ Stephen L. Borrello /s/ Christopher P. Yates L. No. 1997) (Kennedy, J., concurring in part and dissenting in part); and id. Substantial evidence supports the BIA's conclusion that the Guatemalan government would not acquiesce in any torture Salguero Sosa might suffer. 1252(b)(4)(B)). 1997); Burrell v. Star Nursery, Inc., 170 F.3d 951, 956 (9th Cir. Affirmed in part, vacated in part, and remanded for further proceedings consistent with this opinion by unpublished per curiam opinion. The judgment in 73 695 is reversed and the case remanded to the court of Appeals for further proceedings consistent with this opinion. . "), and then applied that rule to Korablina's testimony, id. It also held that Salguero Sosa did not have a well-founded fear of future persecution because he was not a member of a disfavored group. ATTENTION: COVID-19 Update: We are still taking cases please call for a phone consultation! Accordingly, we vacate the judgment of the Court of Appeals and remand the case for further proceedings consistent with this opinion. This Court addressed whether the plaintiffs nevertheless had identified a potential violation with respect to these funds. There, a Christian Chinese citizen contended that he had suffered past persecution. This condition, known as hyperglycemia, causes excessive urination and extreme thirst in the short term and may also be accompanied by severe exhaustion, difficulty breathing, nausea, lack of appetite, and blurred vision. But under the government's view, petitioners would benefit from showing cumulative-effect error only if they present the rare caseas in Korablina and Guowhere the record is so factually overwhelming that it is appropriate to outright grant relief instead of remanding for the agency to apply the correct legal framework in the first instance. Ibid. child support, and parenting time and remand the case for more comprehensive findings.3 Order awarding physical custody and parenting time vacated and case remanded for further proceedings consistent with this opinion.

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