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· 8/3/2023

Matter of Martinez v. DiNapoli

Citations

  • 219 A.D.3d 992
  • 194 N.Y.S.3d 823
  • 2023 NY Slip Op 04163

How courts have described this case

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

  • holding that excludable aliens are not entitled to First Amendment rights
  • holding that alien could not assert first amendment right of freedom of speech because \those who are excluded cannot assert the rights in general obtaining in a land to which they do not belong as citizens or otherwise.\
  • holding that excludable alien not entitled to assert First Amendment rights
  • holding that an excludable alien is not entitled to First Amendment rights, because ‘[h]e does not become one of the people to whom these thing are secured by our Constitution by an attempt to enter forbidden by law”
  • observing that fifth and sixth amendments protect aliens once they are in this country
  • observing that fifth and sixth amendments protect aliens once they are in this country

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

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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.