Berger v. Malneut Realty Corp.

How courts have described this case

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

• holding that a respondent must come forward with evidence that an appeal of a conviction has been filed within the prescribed deadline
• holding that New York conviction for attempted criminal sale of a controlled substance in the third degree constitutes a CIMT because the “statute of conviction necessarily involves inherently reprehensible conduct committed with a mental state of knowledge or intent”
• concluding USCA11 Case: 20-14340 Date Filed: 07/06/2022 Page: 9 of 17 20-14340 Opinion of the Court 9 attempted criminal sale of a controlled substance under New York law constitutes a CIMT
• finding that “a conviction does not attain a sufficient degree of finality for immigration purposes until the right to direct appellate review on the merits of the conviction has been exhausted or waived”
• providing that a substance underlying a controlled substance crime need not be federally controlled for that crime to involve moral turpitude because it is the act of distributing a controlled substance that is morally turpitudinous, not the specific substance involved
• rejecting argument that “the intent in selling a drug may not be evil” where the state law prohibiting the unauthorized sale of drugs was enacted to prevent societal harm

Source: CourtListener parenthetical corpus (CC0).