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· 2/15/2017

Allstate Property & Casualty Insurance Co. v. Sharine Carrier

Citations

  • 2017 NY Slip Op 1171
  • 147 A.D.3d 889
  • 47 N.Y.S.3d 393

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that “it is unnecessary to conduct a realistic probability inquiry” when “the elements of [the state] conviction … [do] not match the elements of the generic 23 federal offense”
  • declining to apply a realistic probability analysis when the elements of the offense “leave nothing to the legal imagination” (internal quotation omitted)
  • raising issue in BIA brief, even if omitted from Notice of Appeal is “sufficient to notify the BIA” of the dispute
  • “[A] petitioner who completely omits an issue fails to meet the exhaustion requirement . . . .”
  • “[A] petitioner who completely omits an issue [in his BIA appeal] fails to meet the exhaustion requirement with respect to that issue” (internal citation omitted)
  • Pennsylvania statute requiring only conduct that “that could threaten the child’s physical or psychological welfare” was not a categorical “crime of child abuse” under INA (internal quotation marks omitted) (emphasis added)

Source: CourtListener parenthetical corpus (CC0).

Judges: Rivera, Dillon, Chambers, Hinds-Radix

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.