· 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).
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.