· 6/12/2015
OLIVIERI, BERNARD v. COLOSI, DDS, RUSSELL P.
Citations
- 129 A.D.3d 1540
- 11 N.Y.S.3d 758
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that a naturalization 11 petitioner can succeed on a due process claim where there was “deliberately indifferent to 12 whether his application was processed” and that he or she suffered prejudice
- alleging deliberate indifference 16 where INS did not expedite application for derivative citizenship after learning minor child 17 was near cutoff age
- overturning prior ruling that rational basis review applied even where the relevant statute governs who is and is not a citizen in light of Morales-Santana
- distinguishing between issues involving citizenship and issues involving the admission of non-citizens
- to show prejudice, petitioner must show the outcome of proceedings may have been affected by the alleged due process violation
Source: CourtListener parenthetical corpus (CC0).
Judges: Scudder, Centra, Peradotto, Lindley, Whalen
Read full opinion on CourtListenerSourced 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.