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· 10/4/2023

Matter of Dellorusso v. Dellorusso

Citations

  • 220 A.D.3d 706
  • 197 N.Y.S.3d 303
  • 2023 NY Slip Op 04999

How courts have described this case

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

  • holding that non-admitted Haitian refugees could challenge the failure of immigration officials to comply with INS regulations, but declining to consider whether the Fifth Amendment was implicated
  • holding that immigration parole regulation does not permit race discrimination in order to avoid reaching constitutional question
  • holding that immigration parole regulation does not permit race discrimination in order to avoid reaching constitutional question
  • holding that INA § 106(a) did not preclude district court jurisdiction over constitutional challenges to actions of INS not involving determination of merits of individual deportation proceedings
  • holding that Court of Appeals was in error for reaching constitutional claim
  • stating that a fundamental rule of judicial restraint is that courts ought not to pass on questions of constitutionality unless such adjudication is unavoidable.

Source: CourtListener parenthetical corpus (CC0).

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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.