· 1/23/1992
In re Jessica UU.
Citations
- 174 A.D.2d 98
- 578 N.Y.S.2d 925
- 1992 N.Y. App. Div. LEXIS 551
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that applicant's daughter's hypothyroidism may constitute a serious medical condition but does not constitute an \exceptional and extremely unusual hardship\ because she could still receive medical care in Guatemala
- holding that “to the extent that a claim is based on the health of a qualifying relative, an applicant needs to establish that the relative has a serious medical condition”
- explaining that “generalized evidence of violence and crime” is insufficient to establish eligibility for CAT protection
- observing that the hardship standard “is based on a cumulative consideration of all hardship factors”
- holding that, where a claim is based on a qualifying child’s health and the child will accompany the applicant to the country of removal, the applicant must show that adequate medical care for a serious condition is not reasonably available in that country
- finding that even though the qualifying relative may suffer from a serious medical condition, the respondent did not demonstrate that adequate medical treatment was not reasonably available
Source: CourtListener parenthetical corpus (CC0).
Judges: Casey
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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