· 7/2/2013
In re Ranftle
Citations
- 108 A.D.3d 437
- 969 N.Y.S.2d 48
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “respondent’s actions upon learning of the in absentia order” is a relevant factor, and that “obtaining counsel and requesting reopening” is “significant”
- holding that the IJ is not “obliged to grant a motion [to reopen], even if every type of evidence [from the factors] is submitted”
- holding that there is a slight presumption of delivery where notice is sent by regular mail
- holding that the IJ is not “obliged to grant a motion [to reopen], even if every type of evidence [from the factors] is submitted”
- holding that where a notice to appear or notice of hearing is properly addressed and sent by regular mail according to normal office procedures, there is a presumption of delivery
- explaining that an “inflexible and rigid application of the presumption of delivery” is not appropriate for documents served by regular mail
Source: CourtListener parenthetical corpus (CC0).
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.