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· 6/13/1991

Modulars By Design, Inc. v. DBJ Development Corp.

Citations

  • 174 A.D.2d 885
  • 571 N.Y.S.2d 168
  • 1991 N.Y. App. Div. LEXIS 8349

How courts have described this case

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

  • stating that the Board considers whether “the circumstances and underlying facts of the conviction” indicate that the noncitizen is a danger to the community
  • holding “[w]e will . . . employ Frentescu” for aggravated felonies with a sentence of fewer than five years
  • noting that cases initiated prior to April 1, 1997 are controlled by the holding in Matter of Q-T-M-T-, 21 I. & N. Dec. 639 (BIA 1996)
  • determining that “consideration of the individual facts and circumstances is appropriate”
  • examining in detail the actual circumstances of the crime, well beyond what was disclosed by the elements of the crime, including information from other participants in the crime
  • employing Frentescu analysis to determine that petitioner's conviction for bringing an illegal alien into the United States, for which he spent three and one-half months in jail, did not constitute a particularly serious crime

Source: CourtListener parenthetical corpus (CC0).

Judges: Mercure

Read full opinion on CourtListener

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.