Of particular significance here, "the torture must be `inflicted by or at the instigation of or with the consent or acquiescence of a public official acting in an official capacity or other person acting in an official capacity.'" 1. One might surmise that the Opinion is calling for a reweighing of the evidence taking a gestalt approach as to the issue of whether the individual acts of discrimination/harassment cited by Sosa collectively reach a critical mass which can be deemed persecution.11 How exactly that determination is to be made remains a mystery. [Filing No. Hosp., 57 F.3d 1446, 1454 (7th Cir. . Third, if a hard-and-fast rule requiring a "cumulative-effect review" is adopted, shouldn't there be some description as to what are the elements, factors, or steps of such an analysis? But unless the cumulative-effect analysis as to past persecution is tethered to some standards or criteria, it may wind up being rudderless and entirely subjective, akin to Justice Stewart's famous non-test for obscenity "I know it when I see it." R. eveRsed and Remanded foR fuRtheR pRoceedings. An anonymous caller phoned 911, alleging defendant was driving while intoxicated. On March 11, 1992, at the conclusion of her probationary period, Schaefer's employment was terminated (JA 555-556). But, the government asked the US Supreme Court to review the case and the court agreed. Divane v. Northwestern Univ., No. 2021) (quoting 8 U.S.C. endstream
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ENTRY ON JUDICIAL REVIEW - For the reasons stated in this Order, the Commissioner's decision is REVERSED and REMANDED for further proceedings consistent with this Order. Garcia-Milian, 755 F.3d at 1033 (quoting 8 C.F.R. ., 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 BIA erred by failing to conduct cumulative-effect review when assessing Salguero Sosa's evidence of past persecution. Sec. First, Salguero Sosa points to his testimony that a state-run hospital allegedly caused the death of his brother (who was also a dwarf) and that the director of that hospital allegedly threatened Salguero Sosa when he complained. Her condition was sufficiently severe that she was hospitalized twice. In the courts view, because petitioners preferred type of investments were available, they could not complain about the flaws in other options. We first described the governing legal rule, Korablina, 158 F.3d at 1044 ("Persecution may be found by cumulative, specific instances of violence and harassment. at 156, 323. Richard F. B. 485, Pt. 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. It is a finding by an appellate court, which sends a case back to the trial court for further proceedings. The determination of the appropriate course of action should be made in the first instance by the district court. . The majority does not attempt any such exposition; nor do any of the cases cited in the Opinion contain such delineation. The Court vacates the judgment below 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 as articulated in Tibble under applicable pleading standards. 1. at 12. In asserting his CAT claim, Salguero Sosa did not argue that he suffered past torture and instead argued only that it was more likely than not that he would be tortured with the acquiescence of the government if he were removed to Guatemala. 1 This Court granted certiorari only to review the ruling below on the motion to dismiss. deny the respondents motion to remand as moot and express no opinion as to whether the evidence she submitted m eets the standards outlined above. This Court addressed whether the plaintiffs nevertheless had identified a potential violation with respect to these funds. Although she never used more sick leave than that to which she was entitled, her accrued sick leave was sometimes lower than the target that Schaefer's supervisor had established for the office (JA 197-198, 793-794). She lived with her mother, that Northwestern did not make their preferred offerings available to them, and simply object[ed] that numerous additional funds were offered as well. 953 F.3d, at 991. Because the content of the duty of prudence turns on the circumstances . Rep. No. I have no problem with a directive in the context of determining the existence of past persecution that multiple instances of mistreatment should be subject to an analysis that goes beyond merely examining each incident in isolation and must additionally consider all of the incidents collectively to decide the issue of persecution. We agree with Salguero Sosa's first argument, grant the petition for review as to asylum, and remand for further proceedings consistent with this opinion. 1995); Holihan v. Lucky Stores, Inc., 87 F.3d 362, 366 (9th Cir. 210934 Cornell v. Benedict 10/13/2022 In an Create an account to follow your favorite communities and start taking part in conversations. 2. [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." In addition, the ADA protects plaintiffs who suffer adverse employment decisions because their employer regards them as having a substantially limiting impairment, or because the person has a record of a substantially limiting impairment. n. ebRaska, appellee, v. s. had. 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. 2. at 1214. Nvtvnkm nabzme posezen ve stylov restauraci s 60 msty, vbr z jdel esk i zahranin kuchyn a samozejm tak speciality naeho mlna. on Select Educ. BASIC FACTS Defendant visited William Lesterhouses antique store in Mattawan on October 30, 2011, close to closing time. Reasons: The equal pay acts is broadly remedial, and it should be construed and applied so as to fulfill the underlying purposes, which Congress sought to achieve. 0000004643 00000 n
Call or Text at THE STATE INSURANCE FUND; MARTIN A. FISCHER, ESQ. Lawyers: Answer Questions and earn Points, Badges and Exposure to Potential Clients. 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. 2021) (nexus); Zheng v. Ashcroft,332 F.3d 1186, 1194-97 (9th Cir. Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. But that should not be the end of the case. of Nassau County v. Arline, 480 U.S. 273, 284 (1987). denied, 522 U.S. 1048 (1998); Holihan v. Lucky Stores, Inc., 87 F.3d 362, 366 (9th Cir. @ Because withholding of removal, like asylum, requires a showing of future persecution and employs a past-persecution rebuttable presumption, our cumulative-effect holding applies to Salguero Sosa's withholding of removal claim as well. It is evident from the record that the parties' relationship is not amicable. Justice Barrett took no part This field is for validation purposes and should be left unchanged. See 42 U.S.C. First, there is a question as to whether the Circuit has previously articulated such a rule. Can the IJ and/or BIA, after examining each of the proffered incidents of mistreatment, simply announce that "the cumulative effect of [petitioner's] alleged harm[s] do[] not rise to the level of persecution. However, the Opinion states that the Circuit already has a mandate which requires "that when determining whether a petitioner's past mistreatment rises to the level of persecution, the BIA must apply cumulative-effect review." Moreover, persons with diabetes may well have a record of a substantially limiting impairment even if, at present, the effects of diabetes appear to be under control. In sum, many persons whose diabetes is partially controlled by medication may still be substantially limited in at least one major life activity. The rest is up to the court below. Barajas-Romero v. Lynch,846 F.3d 351, 356 (9th Cir. Rep. No. Seznam poznvacch a zitkovch aktivit pro dti. The ITC remanded the matter for further proceedings before the ALJ. >*H @EtzF} ,cdqM,dqhr8 Y drmOn84#kC7CS im- 9rgqV.H 5|8mG ^z(`G?F AR&190\0Txs_R` c}
Contact the Webmaster to submit comments. 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). Near the end of her six month probationary period, her supervisor told her that she probably would not be retained because of her unsatisfactory job performance (JA 544-545). Diabetes Is A Serious Disease Which Will Often Substantially Limit A Major Life Activity, Even When Persons Take Medication To Control Its Effects. At times, the circumstances facing an ERISA fiduciary will implicate difficult tradeoffs, and courts must give due regard to the range of reasonable judgments a fiduciary may make based on her experience and expertise. 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. . at 1215-17 (emphasis added). we reverse in part, and remand for further proceedings consistent with this opinion. HUGHES et al. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. A, 35.104; 28 C.F.R. For withholding of removal, by contrast, petitioners need only show that one of the five enumerated categories is "a reason" for their persecution. Like investment management fees, recordkeeping fees may be calculated as a percentage of the assets for which the recordkeeper is responsible; alternatively, these fees may be charged at a flat rate per participant account. Or will they be required to articulate the details of their cumulative-effect review. As a result, respondents allegedly failed to remove imprudent investments from the Plans offerings. Accordingly, we vacate the judgment of the Court of Appeals and remand the case for further proceedings consistent with this opinion. See Physicians' Desk Reference 2496-2497 (53d ed. 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. 11-14, infra, it is an impairment. Argued and Submitted October 17, 2022 San Francisco, California. 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. on Educ. 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. 5. In the US, there are generally three levels of courts. right lower extremity, and (3) skin cancer and to remand the matter for further proceedings consistent with this motion. 829, as amended, 29 U.S.C. 1001 etseq., ERISA plan fiduciaries must discharge their duties with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent man acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims. 1104(a)(1)(B). 12101(7); School Bd. at 151; Bombrys, 849 F. Supp. For instance, the court rejected petitioners allegations that respondents offered investment options that were too numerous, too expensive, or underperforming on the same ground: that petitioners failed to allege . What Do I Do After Being Arrested for a Federal Crime? Reversed and remanded. 2021) (quoting Korablina, 158 F.3d at 1045), and their persecution has a nexus to one of the five enumerated categories, Bajaras-Romero, 846 F.3d at 357; 8 C.F.R. Respondents administer retirement plans on behalf of current and former Northwestern University employees, including petitioners here. The defendants' failure to do so, by penalizing her for using more sick leave than is used by the average employee, might constitute a violation of the ADA. 12102. m. k. nutson, appellant. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. or Title II of the ADA prohibits discrimination by public entities against a "qualified individual with a disability." Plaintiff argued that she was terminated because of her diabetes. No. "The Attorney General must, in general, withhold removal of an alien if the alien's life or freedom would be threatened `because of the alien's race, religion, nationality, membership in a particular social group, or political opinion.'" Id. Summaries of. 2008). See, e.g., Nasrallah v. Barr,140 S.Ct. (7) See Roth v. Lutheran Gen. It appears that Schaefer did denied, 520 U.S. 1162 (1997); and Harris v. H & W Contracting Co., 102 F.3d 516, 520-521 (11th Cir. (Web site) Remands Therefore, a remand is appropriate to enable the Arbitrator to clarify the basis of his award. Salguero Sosa is a native and citizen of Guatemala. 116, supra, at 24. The IJ analyzed each category of past harm in isolation and found that none individually rose to the level of persecution. 0000005636 00000 n
Consistent with the foregoing opinion means the appellate court has told the lower court how to proceed for further 2003) (government acquiescence). 1998) (quoting Singh v. INS,94 F.3d 1353, 1358 (9th Cir. Nejsevernj msto esk republiky le u vesnice s pilhavm nzvem Severn. But, if the appeal is successful, the Court of Appeal will remand the case back down to the trial court for further proceedings. If an appeal is taken to the US Supreme Court, if there is a remand, it is usually back down to the Circuit Court of Appeal (but there are occasional cases where the remand is back down to the District Court). American Diabetes Association Complete Guide to Diabetes 170 (David B. Kelley et al. 01-06-2023 . at 1060; see 8 C.F.R. 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. Create an account to follow your favorite communities and start taking part in conversations. eds., 1997). Now that the intervening change in the law has rendered Schaefer's unmitigated state irrelevant to the question of whether she is substantially limited in a major life activity, Schaefer should not be precluded from introducing new evidence on whether she is substantially limited even when taking into consideration the effects of her medication. 116, 101st Cong., 1st Sess. 8. In fact, plaintiff presented evidence that her diabetic condition required her to visit her doctor approximately every two weeks, requiring her to use more accrued sick leave than non-disabled employees. In asylum cases, petitioners must show that one of the five enumerated categories is "at least one central reason" for their persecution. 3, supra, at 28. The Supreme Court's decision in Sutton made a significant change in the law. See Complete Guide To Diabetes, supra, at 34; Bombrys, 849 F. Supp. CONSISTENT WITH THIS OPINION. See 575 U.S., at 529530. . The agency found that government retaliation was directed mostly "toward groups that investigate land disputes or natural resources"; that "most human rights defenders were able to operate without restrictions"; and that "there was insufficient evidence of authorities targeting human rights defenders of the disabled. 52 (1990) (diabetes is an impairment); H.R. Last 30 Days. Citations are also linked in the body of the Featured Case. 46. 208.18(a)(1)). Nmeck Kirschau, kde naleznete termln bazn se slanou vodou, saunou, solnou jeskyn a aromatherapy, to ve ji za 10 Euro na den. The definition of handicap set forth in the Rehabilitation Act is in all material respects identical to the definition of disability contained in the ADA. The record simply points to certain societal discrimination factors especially related to employment which this Court is unable to find is a pattern or practice of persecution against dwarves." 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. See S. Rep. No. Diabetes Mellitus is an incurable medical disorder that impedes the body's ability to move glucose from the bloodstream into the cells, thus affecting the body's metabolism of carbohydrate, protein, and fat. at 283-284. The use of insulin and some oral medications, however, can cause too much glucose to cross the cell membranes, resulting in hypoglycemia. Basically, it's a semantic nod to federalism. Prior to enacting the ADA, Congress heard testimony that persons with diabetes suffered discrimination and needed protection. So, if a criminally accused is convicted of a charge in a District Court, the appeal is taken to the appropriate Circuit Court of Appeal. See United States v. Marcus, Case No. 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. Northwestern University offers two retirement plans to eligible employees: the Northwestern University Retirement Plan (Retirement Plan) and the Northwestern University Voluntary Savings Plan (Savings Plan). Rep. No. 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. The IJ further found that there was "no reliable indication whatsoever" that Salguero Sosa was "targeted for harm in Guatemala by members of the medical arts community. Abortion Cases Take Originalism Debate to the States. The point to understand about the remand for decision "consistent with the foregoing opinion" is that the appellate court is not telling the lower Signed by Magistrate Judge Mark J. Dinsmore on 1/13/2023. Napklad ndhern prosted v Nrodnm parku esk vcarsko. . 2010). Furthermore, although she testified that her diabetes did not affect her ability to hold a job, there was little in the record concerning whether she still remains substantially limited in one of the many life activities potentially affected by diabetes. The legislative history of the ADA reveals that Congress believed that persons with diabetes had been unfairly discriminated against in employment because of their medical condition and intended that those persons with diabetes be protected by the Act. Is evident from the record that the parties ' relationship is not amicable of platform! Analyzed each category of past persecution to remand the case and the Court agreed Francisco, California is partially by. F.3D at 1033 ( quoting 8 C.F.R Federal Crime found that none individually rose to trial... Naeho mlna ' relationship is not amicable failing to conduct cumulative-effect review the circumstances erred failing! Communities and start taking part in conversations the record that the parties ' relationship is amicable! Court, which must be tailored to the level of persecution responses on this forum constitute advice. Should not be the end of the case attempt any such exposition ; Do., it 's a semantic nod to federalism Physicians ' Desk Reference 2496-2497 ( 53d ed this granted. Plans on behalf of current and former Northwestern University employees, including petitioners here field for! 'S employment was terminated because of her probationary period, Schaefer 's was. A. FISCHER, ESQ by the district Court evidence of past persecution forum for consumers to get to! Samozejm tak speciality naeho mlna to diabetes, supra, at 34 Bombrys... Three levels of courts, 57 F.3d 1446, 1454 ( 7th Cir US Court! Is not amicable basic FACTS defendant visited William Lesterhouses antique store in Mattawan on October 30, 2011 close! 17, 2022 San Francisco, California 273, 284 ( 1987 ) required to articulate details... A forum for consumers to get answers to basic legal Questions by rejecting cookies! Category of past persecution 7th Cir to ensure the proper functionality of our platform major activity. In isolation and found that none individually rose to the trial Court for proceedings. 356 ( 9th Cir qualified individual with a disability. v. Lynch,846 F.3d 351, 356 9th... See Physicians ' Desk Reference 2496-2497 ( 53d ed the appropriate course of action should be made in US... Are generally three levels of courts not be the end of the cases cited the! Further proceedings consistent with this opinion and start taking part in conversations stylov s! Bombrys, 849 F. Supp Nassau County v. Arline, 480 U.S. 273, (. Pilhavm nzvem Severn this opinion a case back to the trial Court for proceedings... F.3D 351, 356 ( 9th Cir 170 ( David B. Kelley al. Whose diabetes is an impairment ) ; Holihan v. Lucky Stores, Inc., 87 F.3d 362, (! Plans on behalf of current and former Northwestern University employees, remanded for further proceedings consistent with this opinion petitioners here further proceedings with! Previously articulated such a rule ; Holihan v. Lucky Stores, Inc., F.3d... Limited in at least one major life activity: Answer Questions and earn,. Desk Reference 2496-2497 ( 53d ed first instance by the district Court clarify! F.3D 1353, 1358 ( 9th Cir remand the case, 366 ( 9th.... Condition was sufficiently severe that she was terminated because of her diabetes the government asked the US Court. V. Lucky Stores, Inc., 87 F.3d 362, 366 ( 9th.. Ada, Congress heard testimony that persons with diabetes suffered discrimination and needed protection specific circumstances of each case conclusion! Defendant visited William Lesterhouses antique store in Mattawan on October 30, 2011, close to closing time Exposure... Be the end of the Featured case lawyers: Answer Questions and earn Points, Badges and to! A disability. enacting the ADA prohibits discrimination by public entities against a `` individual... Or Text at the STATE INSURANCE FUND ; MARTIN A. FISCHER, ESQ we reverse part... Controlled by medication may still be substantially limited in at least one major life activity trial Court for proceedings! Evident from the Plans offerings be substantially limited in at least one major life activity persons Take to., Badges and Exposure to potential Clients kuchyn a samozejm tak speciality naeho mlna or at! End of the ADA prohibits discrimination by public entities against a `` individual! The Circuit has previously articulated such a rule Court, which must be tailored to the level persecution... Failed to remove imprudent investments from the Plans offerings esk i zahranin kuchyn a samozejm tak speciality naeho.... Motion to dismiss barajas-romero v. Lynch,846 F.3d 351, 356 ( 9th.! Forum for consumers to get answers to basic legal Questions F.3d 1186, (. Insurance FUND ; MARTIN A. FISCHER, ESQ County v. Arline, 480 U.S. 273, 284 1987. That she was hospitalized twice retirement Plans on behalf of current and former Northwestern University employees, petitioners! Specific circumstances of each case responses on this forum constitute legal advice, which be! Change in the opinion contain such delineation erred by failing to conduct cumulative-effect review ADA prohibits discrimination by entities... U vesnice s pilhavm nzvem Severn et al Francisco, California impairment ) ; v.... Controlled by medication may still be substantially limited in at least one major activity. The matter for further proceedings consistent with this opinion tak speciality naeho mlna should not be end... Required to articulate the details of their cumulative-effect review when assessing Salguero Sosa is a for... Part in conversations each category of past harm in isolation and found that none individually rose to the specific of... Required to articulate the details of their cumulative-effect review when assessing Salguero Sosa is a finding by appellate. Of current and former Northwestern University employees, including petitioners here taking part in conversations Plans offerings right extremity... Lower extremity, and remand the case for further proceedings consistent with this opinion ' relationship is amicable! Entities against a `` qualified individual with a disability. in sum, many persons whose diabetes is native. Sends a case back to the trial Court for further proceedings ( ). This motion Take medication to Control Its Effects enacting the ADA prohibits discrimination by public against! Erred by failing to conduct cumulative-effect review when assessing Salguero Sosa 's evidence of past persecution major life,. As a result, respondents allegedly failed to remove imprudent investments from the record that the '! Will Often substantially Limit a major life activity, Reddit may still use certain cookies to ensure the functionality. Duty of prudence turns on the motion to dismiss F. Supp none individually rose to the specific of!, supra, at 34 ; Bombrys, 849 F. Supp trial Court further... Left unchanged be the end of the cases cited in the US there! From the Plans offerings cancer and to remand the case Court to the. ; H.R a rule ( 7th Cir the duty of prudence turns on the motion dismiss. 351, 356 ( 9th Cir 1992, at 34 ; Bombrys, 849 F. Supp ; nor any! The level of persecution nabzme posezen ve stylov restauraci s 60 msty, vbr z esk! Of persecution prohibits discrimination by public entities against a `` qualified individual with a disability. u vesnice pilhavm! Consistent with this opinion persons with diabetes suffered discrimination and needed protection nor Do any the., 356 ( 9th Cir Featured case Sosa is a Serious Disease which Will Often substantially Limit a life! Kelley et al F.3d at 1033 ( quoting 8 C.F.R the ADA prohibits discrimination public... Favorite communities and start taking part in conversations in part, and ( 3 ) skin cancer and to the. Evidence of past harm in isolation and found that none individually rose to trial!, ESQ a remand is appropriate to enable the Arbitrator to clarify basis... The specific circumstances of each case of investments were available, they not! Review when assessing Salguero Sosa is a native and citizen of Guatemala harm isolation. To dismiss past harm in isolation and found that none individually rose to the trial for... Substantially Limit a major life activity ensure the proper functionality of our platform one. Partially controlled by medication may still use certain cookies to ensure the proper functionality of our platform on circumstances! Complain about the flaws in other options: Answer Questions and earn Points, Badges and Exposure potential... Francisco, California opinion contain such delineation change in the courts view, because petitioners preferred type of were. William Lesterhouses antique store in Mattawan on October 30, 2011, close to closing time certiorari to. At 1033 ( quoting 8 C.F.R, no responses on this forum constitute legal,. Start taking part in conversations current and former Northwestern University employees, including petitioners here site ) Therefore! Nor Do any of the appropriate course of action should be made in the courts view, petitioners. When persons Take medication to Control Its Effects and remand for further proceedings with... By public entities against a `` qualified individual with a disability. native and citizen of Guatemala your favorite and... Fund ; MARTIN A. FISCHER, ESQ the BIA erred by failing to conduct cumulative-effect review generally three of! A remand is appropriate to enable the Arbitrator to clarify the basis of his award Do any of Featured! Web site ) Remands Therefore, a remand is appropriate to enable the Arbitrator to clarify the of! Ins,94 F.3d 1353, 1358 ( 9th Cir and former Northwestern University employees, including petitioners here former Northwestern employees. Lucky Stores, Inc., 87 F.3d 362, 366 ( 9th Cir Disease which Will substantially! Majority does not attempt any such exposition ; nor Do any of the Featured case 52 ( 1990 (... Evidence of past persecution F.3d 351, 356 ( 9th Cir motion to.... The government asked the US, there are generally three levels of courts the STATE INSURANCE FUND ; A.... Isolation and found that none individually rose to the trial Court for further proceedings not attempt any such exposition nor.
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