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Understanding human growth hormone: Why does it fluctuate?
Human growth hormone (HGH) is secreted by the pituitary gland in a pulsatile manner, with peaks during deep sleep
and physical activity. Factors such as age, stress, nutrition, and exercise intensity influence secretion levels.
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This pentapeptide mimics ghrelin’s action but is selective for growth hormone secretagogue receptors (GHSR).
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Tesamorelin
Tesamorelin is a recombinant GHRH analog approved for reducing visceral fat in HIV patients.
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What are the benefits of optimal growth hormone levels?
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**Case Overview**
– **Parties:**
– *Plaintiff:* (Name not provided) – seeking a determination of whether the respondent is
subject to removal under current immigration law.
– *Respondent:* (Name not provided) – alleged to
have violated Section 1(e)(2) of the Immigration and Nationality Act (INA)
by being in the U.S. without lawful status
for an extended period.
– **Legal Issue:** Whether the respondent’s prolonged unlawful presence constitutes a violation of INA
§ 1(e)(2), thereby rendering them removable under
the statutory removal provisions.
—
### 1. Statutory Framework
| Section | Provisions (relevant excerpts) | Key Points |
|———|———————————|————|
| **INA § 1(e)** | “A non‑U.S. citizen who is in this country without lawful status and has, for a period of more than one year, remained in the United States” | Defines unlawful presence and sets a *one‑year* threshold
for removal. |
| **INA § 122(a)(3)(B)(i)** | “A non‑U.S. citizen who is found to be in this country without lawful status and has, for a period of more than one year, remained” | Removal authority for
those exceeding the threshold. |
| **INA § 122(b)(5)(A)** | Imposes *mandatory* removal on individuals who have been unlawfully present for at least
one year. | Reinforces that once the threshold is met, removal is compulsory.
|
> **Key Takeaway:**
> The statutory framework leaves no discretion to prevent mandatory removal once an individual has exceeded the one‑year unlawful presence
limit.
—
### 2. Potential Arguments Against Mandatory Removal
| Argument | Strengths | Weaknesses | Likely Outcome
|
|———-|———–|————|—————-|
| **(a) Violation of Due Process** | • 1‑Year rule is an *arbitrary* threshold that may not
be justified by national security or public interest concerns.
• The Supreme Court has upheld statutory removal thresholds (e.g.,
*Alvarez v. INS*, 1979). | • Statute is clear and unambiguous; courts rarely strike down such provisions.
• Due process applies only to *fundamental rights*; immigration status is not a fundamental right.
| **Unlikely** – Courts tend to defer to legislative intent in immigration matters.
|
| **(b) Equal Protection / Discrimination** | • 1‑Year rule
disproportionately affects certain nationalities or ethnic groups, potentially violating the Equal Protection Clause.
• If evidence shows that specific groups are targeted, a claim could be made.
| • The law is facially neutral; no discriminatory intent shown in text.
• Even if disparate impact exists, equal protection claims rarely succeed unless there
is purposeful discrimination. | **Unlikely** – Facial neutrality makes it difficult to establish unequal treatment.
|
| **(c) Procedural Violation (Due Process)** | • The
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fair opportunity to challenge the 1‑year limit.
• If individuals are deprived of property or liberty without adequate notice or hearing, that could be a claim.
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denial of procedural rights. | **Moderate** – Procedural due process claims can be stronger if the
law is ambiguous about notification/appeal mechanisms.
|
| **(d) Substantive Violation (Equal Protection / Discrimination)** |
• If the 1‑year limit disproportionately affects a protected class, this
could lead to equal protection claims.
• Claims must show that the policy discriminates on basis of race, gender,
etc., or is arbitrary. | • The law may be facially neutral; discriminatory effect would need empirical evidence.
| **Low** – Equal protection claims rarely succeed unless there
is clear discrimination. |
| **(e) Violation of Other Constitutional Rights** | • Could involve free speech (speech
restrictions due to the 1‑year rule), or property rights
if the rule undermines property value.
• May involve due process if enforcement is arbitrary.
| • Requires demonstration that constitutional rights are infringed by the rule’s application. | **Moderate** – Depends on context; may be pursued in certain circumstances.
|
### 3.2. Summary
– The most likely constitutional challenges revolve around **due process (procedural
fairness)** and **property rights (impact on land value)**.
– Challenges under **free speech or other fundamental rights** are
less common but possible, particularly if the rule is perceived to limit expression or economic activity in a way that violates First Amendment protections.
—
## 4. Potential Counter‑Arguments
### 4.1. State’s Legitimate Interests
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