With no explanation, chose the best option from "A", "B", "C" or "D". Fernandez-Vargas v. Gonzales, 548 U.S. 30, 126 S.Ct. 2422, 165 L.Ed.2d 323 (2006). We found that this was a substantive rather than a merely procedural change. Id. We determined “that the elimination of a substantive defense, without more, attaches new legal consequences to events completed prior to enactment that would give rise to liability under the new statute.” Id. (internal punctuation omitted). Four other circuits have reached the same conclusion. Valdez-Sanchez v. Gonzales, 485 F.3d 1084, 1090-91 (10th Cir.2007) (“[W]hen application of IIRIRA § 241(a)(5) disturbs an alien’s substantive rights or expectations, such as the substantive relief available to the Petitioner in this case, DHS may not apply it retroactively.”); Faiz-Mohammad v. Ashcroft, 395 F.3d 799, 810 (7th Cir.2005) (<HOLDING>); Cisneros v. U.S. Att’y Gen., 381 F.3d 1277,

A: holding evidence of a 13 permanent partial disability insufficient to establish disability for purposes of ada
B: holding that a claimants failure to list an impairment either in her application for disability benefits or through her testimony disposes of the claim because the alj was under no obligation to investigate a claim not presented at the time of the application for benefits and not offered at the hearing as a basis for disability
C: holding iiriras preclusion of application for relief constitutes a new disability and is impermissibly retroactive
D: holding imposition of new legal liabilities for past conduct was retroactive
C.