· 12/22/1992
Newsday, Inc. v. State of New York Commission on Quality of Care for the Mentally Disabled
Citations
- 158 Misc. 2d 65
- 601 N.Y.S.2d 363
- 1992 N.Y. Misc. LEXIS 667
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that, even after Guerrero-Lasprilla, “[w]e must defer to the Board’s handling of this type of mixed question of law and fact”
- noting that, even after Guerrero-Lasprilla, “[w]e must defer to the Board’s handling of this type of mixed question of law and fact”
- suggesting that the “outer limits” of timeliness “must fall between the earliest day possible after receipt of the Notice, on the one end, and the conclusion of proceedings before the immigration court, on the other”
- explaining that “[p]rejudice in this situation does not have to be much (i.e., a petitioner need not go so far as to show that the IJ’s ultimate decision would have been different absent the defect), but it must be some- thing”
- suggesting a range of factors to consider when determining the timeliness of an objection
- objection to Notice untimely when first raised three years after petitioner received it, and three days before the merits hearing on removal
Source: CourtListener parenthetical corpus (CC0).
Judges: Cobb
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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